Landlord Gas Safety Certificate and Boiler Service
As a landlord, it's your responsibility to make sure that all gas appliances, flues, and chimneys undergo annual inspections. It is also your responsibility to provide a copy to your tenants.
If the engineer deems any device or installation to be immediately dangerous they will ask permission to cut off the gas supply and recommend that inspection hatches are installed.
What is what is a Gas Safety Certificate (GSC)?
A landlord gas safety certificate is a document that proves that all the gas appliances in the rental property and flues have been checked by a qualified gas engineer. Landlords are legally required to arrange a gas safety check once per year for each rental property they own. Gas Safe registered engineers carry out the inspection and check that all pipework, appliances and flues comply with safety regulations.
Landlords are also required by law to provide their tenants with copies of the CP12 Gas Safety Certificate (Gas Safety Record) after each annual gas safety inspection and test. This should be provided to current tenants within 28 days of the Gas Safety inspection and given to new tenants at the start of their lease.
CP12 is an abbreviation for the CORGI Proforma 12 which was employed by the Council for Registered Gas Installers (CORGI) before it was replaced by the Gas Safe Register in 2009. The form identifies the date of the last gas inspection or test and the results of these, any issues or actions that need to be addressed, as well as the name of the engineer who carried out the test.
The engineer will give advice on the spot if the Gas Safety Check reveals any problems with the gas appliance. This will include the items that need to be addressed in order to ensure it is safe to use. If a gas appliance is found to be immediate danger or abnormally lethal, the gas supply will need to be shut off until the issue has been resolved.
If a tenant does not allow access for gas safety checks to be completed it is an infraction that is punishable by law. If necessary, a landlord can ask the courts for an order to prohibit the tenant from refusing to allow gas safety inspections. However, it's usually easier to send a letter which clarifies why the checks are important and what's involved. This will convince a tenant who is reluctant to give access, and if otherwise, the landlord could have to think about starting the process of eviction.
How often should I renew my Gas Safety Certificate?
The law requires that landlords and let agents are required by law to conduct an annual gas safety inspection on all gas appliances and chimneys they offer to their tenants. This is done to ensure that the equipment is safe to use and to ensure that there aren't gas leaks within the property. This is a vitally important responsibility and landlords should ensure that they have their gas inspections completed by a qualified gas engineer.
The Gas Safety Certificate, formerly known as the Gas Safety Check Record, is a legal document which indicates that an engineer completed a gas inspection in the last 12 months. It is issued by the landlord and should be presented to the tenant to verify the safety of gas supply. It is valid for 12 months and has to be renewed every year.
A landlord who fails to provide a Gas Safety Certificate for their tenants could be penalized. It is therefore essential for landlords to ensure that their Gas Safety checks carried out at a timely basis and to keep a copy the documentation in the event that a tenant asks for it.
It's also a good idea for landlords to install inspection hatches on all gas appliances, to allow engineers to easily access them for inspections every year. If the appliance is found to be at risk during an inspection, the engineer will formally classify it as such and may disconnect the boiler and suggest that tenants not to use it until the inspection hatch has been installed.
Landlords must also give tenants at least 24 hours' notice prior entering the property to conduct Gas Safety Checks. This gives tenants time to prepare and ask permission, if required. If a tenant refuses to allow the engineer entry the landlord should send a letter to them explaining the reason for the visit and what will happen if they don't follow through. If the tenant continues to refuse, then the landlord should look into evicting them pursuant to section 21 of the Housing Act 1988.
What is the consequence if I don't have a Gas Safety Certificate?
In short it is the landlord's legal obligation to ensure their property has an approved gas safety certificate prior to the time tenants move in. Failure to adhere to this law can result in the landlord being charged or fined severely. MK Gas Safety stipulate that a landlord must provide an electronic copy of the gas safety record to their tenants on request.
Landlords must have a Gas Safe registered engineer visit their rental property to perform an inspection of the gas supply to all gas appliances. During the inspection, an engineer will identify any issues that could be a threat to tenants. They will issue an CP12 gas safety document, which is also known as the Landlord Gas Safety Record or a Gas Safety Certificate.
This is an important document that every tenant must keep. This document contains information about gas installations in rental properties and the dates they were tested as well as their expiration dates. It can help tenants identify any issues with the appliances or installations and ensure that they know how to reach an Gas Safe engineer to have them tested.
Landlords are required to provide their tenants, both new and existing, with a gas safety inspection report within 28 days of the engineer visiting their property. The landlord must also give the copy of CP12 at the beginning of the lease. Landlords who fail to provide the copy of the gas certificate can be prosecuted and could face unlimited fines or even six months in prison.
Additionally, landlords should ensure that their properties are equipped with carbon monoxide alarms. They should also arrange that they be tested every month. The landlord is responsible for repairing an alarm that does not work. The rules for this apply to council, private and housing association landlords as well as licensable Houses of Multiple Occupation (HMOs).
In June 2017, the High Court ruled that it was illegal for landlords to issue Section 21 notices without providing their tenants with an official gas Safety Certificate. The ruling was based on the law that requires landlords with assured shorthold tenancies to obtain an official gas safety certificate for their property prior to when tenants move in.
How do I get a Gas Safety Certificate?
Landlords are legally responsible to ensure that gas appliances, flues and pipework in the homes they lease are safe. Gas Safety (Installation and Use) Regulations, 1998 cover this. To be in compliance with the regulations landlords must conduct annual gas checks on all gas appliances and flues they supply for use in the property. This is referred to as a CP12 gas safety certificate. It must be signed by a licensed Gas Safe registered engineer after each inspection.
It is also recommended for landlords to consider having an annual boiler service performed in conjunction with the CP12 inspection, since this will help ensure that all the gas appliances are working in a safe and efficient manner. Landlords can usually receive a combination CP12 and boiler service for an affordable price from a professional gas engineer who will be able to examine the seals on boiler burners. They will also inspect the flue system for cracks and leaks, clean the burner and heat exchanger and carry out general maintenance.
The CP12 is sometimes called "landlord's gas safety certificate" but it is actually called the Gas Safety Record Documentation. It contains the results of safety inspections, and specifics about any issues or actions that must be addressed. Landlords are required to provide their tenants a CP12 document no later than 28 days after the Gas Safety Check is completed.
It is crucial that landlords and letting agents only allow Gas Safe registered engineers access to the property for safety inspections and maintenance. It's a good idea to inform tenants of the necessity of allowing access, and explain that the gas engineer will protect them from carbon monoxide poisoning. If the tenant is reluctant to let access in, it's the landlord or letting agent's responsibility to clarify the legal obligations in writing. Then follow with a visit to the property to force entry if necessary.
Tenants must always request to see a Gas Safe ID card from the engineer prior to entering the premises, as this will prove that they're competent to work on the gas systems in your home and can be trusted to complete the gas safety inspection efficiently and effectively. It is also important to know that a gas technician can legally remove defective equipment or shut off your gas supply should it be required.