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"The Landlords Advice Centre"
Gas safety regulations.
These gas safety regulations came into force on 31st October, 1998
For all properties:
All work carried out on gas appliances and fittings must be done by a Gas Safe registered engineer.
Only room sealed appliances can be installed in a bathroom.
No instantaneous water heater can be installed in any room unless it is room sealed or has a safety device fitted.
Where a gas meter is installed in a lockable box, the installer must supply a labelled key.
The installer or engineer must carry out a series of set tests after carrying out any works on a gas appliance.
Any person who installs a gas appliance shall leave manufacturer’s instructions for the occupier of the property.
The person responsible for the property shall not use nor permit to be used any known faulty gas appliance.
A person carrying out works to a property shall ensure that the safety of the gas appliances and supply is not affected.
No person shall install a flue unless it is in a safe position.
Where there is an escape of gas or CO the person occupier, landlord or agent shall take reasonable steps to ensure that the escape is minimised or shall immediately inform the gas company. The Emergency Gas telephone number is 0800 111 999
Furthermore, the regulations are specific to rented properties in that they state:
1. MAINTENANCE: the Regulations place a duty on the landlord to ensure that all gas appliances, flues and associated pipe work are maintained in a safe condition at all times.
2. ANNUAL SAFETY CHECK: Gas appliances and flues in rented accommodation must be checked for safety within 12 months of being installed and thereafter at least every 12 months by a competent engineer (i.e. Gas Safe registered).
3. NEW TENANCIES: before any tenancy or lease commences it must be ensured that the gas safety check has been carried out on each appliance and flue within the 12 month period before the tenancy commences or has been or will be carried out within 12 months after the appliance or flue was installed, whichever is the later.
4. TENANT’S APPLIANCES: appliances owned by the tenant are defined as those appliances which the tenant is entitled to take away upon terminating the tenancy. It is not the landlord’s duty to have the tenants appliances tested.
5. RECORDS: The Regulations require the landlord or his agent to keep a record of safety checks on each appliance and flue. The record must include the prescribed information which includes the date of the check, the address of the premises checked, the name and address of the landlord or where appropriate the agent, the description of the appliance/flue checked, any defect identified, any remedial works undertaken, confirmation that the check complies with the Regulations and the name and Gas Safe registration number of the person doing the check. The Gas Safety Record Form should be used for this purpose. Records must be kept for a minimum of two years.
6. GAS CERTIFICATE: a copy of the safety check record or certificate must be given to the new tenant before the tenant occupies the premises. Also a copy of the new record must be given to the existing tenant within 28 days of the check. Please note that a copy must be given to all tenants. I.e. 6 tenants = 6 copies.
7. CONTRACTING OUT: a landlord or his agent can not at any time contract out his obligation to ensure the safety of the gas appliances and flues in the property. Therefore, a landlord or his agent can not place the responsibility upon the tenant to have the safety checks carried out.
PENALTY AND ENFORCEMENT:
The maximum penalty imposed in a Magistrates Court for non-compliance is a fine of £5,000. Note however, that where injury or death occurs due to the non-compliance an unlimited fine and or custodial sentence can be imposed.
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