Landlord Gas Safety Certificates - Common Mistakes Landlords Make
Landlord gas safety certificates help landlords comply with the law and safeguard their tenants and their families. They reduce the chance of carbon monoxide poisoning, by identifying faulty appliances, flues and pipework that must be repaired.
These checks are usually performed by an Gas Safe engineer and can be completed quickly. Digital tools that are integrated into job management systems make it easy to manage.
Requirements
Landlords are required to provide gas safety certificates. They also need to make sure that their tenants have the ability to access a qualified engineer to conduct the purpose of a test. This can be done by including a clause in your tenancy agreement that says that the property is accessible for Gas Safety checks. It will also convey to the tenant that if they don't allow access, the landlord will take the necessary steps to enforce the rules.
Landlords need to ensure that their properties have a valid CP12 certification, which is valid for 12 months. It is recommended to renew the certificate on the same day that the previous one expires so that you don't waste days when the old and new certificates are in conflict. Recent changes to the law have provided landlords more flexibility when they conduct their inspections. However this doesn't mean that they are able to cut down their annual inspections.
It is vital to keep in mind that only engineers who are registered with Gas Safe Register are legally allowed to work with gas piping, appliances and flues. If a landlord employs an engineer who is not registered who is not registered, they could be held accountable for a criminal offence.
If a tenant is refusing access for the annual Gas Safety Check the landlord should write to them in a clear and concise way, stating the reason for their refusal and what will be involved in the inspection. If the landlord doesn't receive a response, they should consider taking further action, such as sending the tenant with a Section 21 notice or applying to the court for an injunction. It is also an excellent idea to install inspection hatches on the property to allow the engineer to examine for gas leaks and that the appliance shut-off valve is working.
Tenant's responsibilities
If you lease out your apartment in New York City, it's your responsibility to ensure that the gas lines in good condition. If you don't, your tenants could suffer injuries in the event of a fire. To ensure the safety of your tenants, you should conduct a NYC apartment gas inspection performed by a qualified gas engineer. It is also important to ensure that your tenants have the ability to easily access the gas supply. If boiler service and gas safety certificate are not sure about your responsibilities, speak to a New York Apartment Injury Lawyer as soon as possible.
It is essential that you hand your tenants the landlord gas safety certificate at the beginning of their tenancy or as shortly after the inspection as you can. It should be displayed prominently in your property. If you are the landlord of an apartment building that shares appliances, you may want to divide the flues and appliances into distinct sections so that each section gets its own safety inspection.
Occasionally, you might have tenants who don't want the engineer to carry out the safety inspections. It's usually because the tenant feels it's an invasion of their privacy or they are in an argument. Make them aware that carbon monoxide can be a dangerous gas, and it's your legal duty to protect the environment.
If your tenants aren't ready to allow the gas engineer to carry out the test, you should include an agreement that states that they must grant access to the gas operative for maintenance and safety inspections. The tenancy agreement should specify whether you are able to shut off gas supply and, if yes, when this is allowed. You should also provide the employee with a method to uniquely identify him or his/herself, for example a scan of a signature or a payroll number that is unique to them or an employee ID.
Access
Every property with gas appliances such as a boiler must have a landlord gas safety certificate. If a landlord is not able to renew their certificate, they can face hefty fines and a risk of making their tenants unnecessarily uncomfortable. To avoid this, it's important that landlords ensure that their certificates are current by scheduling an annual check of their tenants gas.
The cost of a gas safety check is determined by a variety of different factors, including the location of the property as well as the amount of gas appliances it has. In general the gas safety check costs between PS35 and PS150 per property. However, the price can vary significantly depending on the location and the gas company that is used.
Landlords must provide their tenants with the gas safety record, which is commonly known as a CP12. The document must be provided to tenants within 28 days after the inspection has been completed. New tenants must receive it within 28 working days of moving into. Landlords must display a copy CP12 at the property, and make sure it is easily accessible.
Tenants can also help to ensure that their landlord holds a valid gas safety certificate by ensuring that they have access to the property and that the appliances they own are not connected to mains gas. They should also look for clunking noises or black marks on appliances, or other signs of trouble with the gas system. If they find any of these signs, they should tell the landlord immediately.
If a landlord is unable to gain access to a property to conduct a gas safety check it is their responsibility to prove that they have taken all "reasonable steps" to be in compliance with the laws. This could include repeat attempts to conduct checks and writing to tenants to inform them that safety checks are required by law for their protection.
Expiry date
Gas safety certificates must be maintained up-to-date by landlords. In the absence of this, it could result in unforeseen hazards for tenants, and lead to fines from regulatory bodies. Additionally, failing to renew a certificate in time may cause a landlord to lose their insurance cover. It's not always easy to navigate the complicated regulations governing these certificates. There are common mistakes landlords make when they conduct these checks, and they should be aware of them to avoid them.
Landlords must conduct annual gas safety tests of all flues and appliances within their premises. They must also provide copies to tenants who have rented the property within 28 days of the test, and to new tenants at the start of their tenancy. They must also place a copy of the test in a prominent place in the property. Landlords must keep records of these tests for a minimum of two years.
Since the 6th of April, 2018 the regulations have been amended to give landlords greater flexibility when it comes to scheduling their gas safety inspections. This change permits landlords to have their gas safety checks completed up until two months before the due date, but still preserving the expiry date of the check. It is essential to schedule the check in advance and not believe that there is a grace period.
If a landlord fails to conduct a gas safety inspection completed prior to their current certificate expires date, they will not be able to let their properties until the new checks are conducted. Landlords should be aware that this is a major violation of regulations and could lead to significant penalties.
Recommendations
As a landlord you must ensure that your gas safety certificate remains current at all times. Keep copies of your prior certificates for a minimum of two years. It's a good idea to shop around for a competitive price, as costs may vary.
During the inspection the engineer will provide you with the completed Landlord Gas Safety Record. It is crucial to provide the new tenants prior to their move-in date and as proof of compliance with legal requirements. The record contains an explanation of each gas appliances checked and their places of operation. It also contains the test dates and any actions taken by the engineer. It should also include the name and registration number of the engineer who performed the test, and an unique identifier. This could be a scan of an ID card, an electronic signature or an employee's payroll code that is unique to each person who uses it.
If the engineer determines that an appliance or flue as unsafe, they will note this on the safety inspection record. The landlord is then required to make the necessary repairs. If the issue cannot be rectified within a reasonable amount of time the engineer can cut off the gas supply and request it be disconnected again until repairs are completed.
Landlords are required to fulfill a variety of obligations to their tenants and keeping up-to-date with regular gas safety checks is among the most important. Failure to comply with regulations could result in a fine or imprisonment if a fatal accident occurs.