Landlord Gas Safety Certificate and Boiler Service
As a landlord, it's your responsibility to ensure all gas appliances, flues, and chimneys undergo annual inspections. The law also requires that you give a copy of the check to your tenants.
If the engineer considers an appliance or installation as being immediately dangerous they will ask for permission to cut off the gas supply and recommend that inspection hatches are installed.
What is what is a Gas Safety Certificate?
A landlord gas safety certificate is a document that demonstrates that the gas appliances and flues have been examined by a certified gas engineer. The landlord must arrange for the gas check for each rental property that they own at least once a year. Gas Safe registered engineers carry out the inspection and check that all pipes, appliances and flues conform with safety regulations.
Landlords are also required by law to give their tenants an original copy of the CP12 Gas Safety Certificate (Gas Safety Record) at the end of each year's gas safety inspection and test. The certificate should be provided to tenants within 28 days following the Gas Safety Inspection and to new tenants at the beginning of their tenure.
CP12 is an abbreviation for the CORGI Proforma 12 which was employed by the Council for Registered Gas Installers (CORGI) before being replaced by the Gas Safe Register in 2009. The form shows the date of the last gas inspection and test, the results of these, any actions or issues that require to be addressed, as well as the name of the person who conducted the test.
The engineer will provide advice in the event that the Gas Safety Check reveals any problems with the gas appliance. This will include the items that need to be corrected to make it safe to use. If a gas appliance is found to be Immediately Dangerous or Abnormally Lethal the gas supply will have to be turned off until the problem is fixed.
It is illegal for a tenant to refuse to allow the gas safety inspection to be conducted. If needed the landlord has the right to ask the courts for a court order to prohibit the tenant from preventing gas safety checks. However, it is usually easier to send a letter that explains why the checks are important and what's involved. This will make a tenant more hesitant to give access, and in the event that they do not, the landlord may need to consider starting the eviction process.
How often do I need to renew my Gas Safety Certificate?
In the law, landlords and agents for letting are required to conduct an annual gas safety inspection on all gas appliances and chimneys that they provide to their tenants. This is done to ensure that the equipment is safe for them to use and to ensure that there aren't gas leaks within the property. This is a vitally important obligation and landlords must make sure that they are inspected for gas by a licensed gas engineer.
The Gas Safety Certificate, formerly known as the Gas Safety Check Record, is a legal document which confirms that an engineer has completed a gas check within the last 12 months. It is given to the landlord, and should be handed over to the tenant as proof of the safety of the gas supply. It is valid for a time of 12 months and has to be renewed annually.
If a landlord does not provide their tenants with an Gas Safety Certificate then they are in violation of the law and could be punished by the local authority. Gas Safety checks must be performed by landlords on time. They should keep a copy in case tenants ask for it.
Installing inspection hatches in all gas appliances is a good idea, as it allows engineers to gain access to the appliances for their annual inspections. The engineer will label the appliance as 'at-risk' and may recommend that tenants refrain from using the boiler until the inspection hatch is installed.
The landlords should also ensure that they give their tenants at least 24 hours notice prior to the time they visit the property to perform Gas Safety checks. This allows the tenants to prepare for the visit and provide permission if needed. If a tenant is refusing the engineer's entry the landlord must explain the reason why it is necessary and what will happen in the event that the tenant refuses. If the tenant still refuses, then the landlord should think about evicting them under section 21 of the Housing Act 1988.
What is the consequence if you don't possess a Gas Safety Certificate?
In essence it's a landlord's legal duty to ensure that their property is equipped with an approved gas safety certificate prior to the time tenants move in. Failing to do so is an offence that can result in landlords being punished with severe fines. The regulations stipulate that landlords are required to provide copies of the gas safety certificates to their tenants upon request.
Gas Safe registered engineers must visit the rental property of the landlord to perform an inspection of all gas appliances. During the inspection the engineer will be able to identify any issues that could cause a threat to tenants. The engineer will issue an CP12 Gas Safety Document, also referred to as a Landlord Gas Safety Record (or a Gas Safety Certificate).
This is a very important document that every tenant must keep. It contains information on the gas installations in the rental property, as well as details regarding when they last checked and the expiry dates. It can help tenants spot any issues with the appliances or installations and make sure that they know how to contact a Gas Safe engineer to have them examined.
Landlords must give an inspection report on gas safety to their tenants, current and new, within 28 days after the engineer has visited their property. They must also give a copy of the CP12 to the tenant on the day that their tenancy starts. Landlords that fail to provide the 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 and can arrange that they be tested each month. If an alarm is not working, the landlord must fix it. This applies to private landlords, councils and housing associations as well as licensable Houses of Multiple Occupation.
In June 2017 the High Court ruled that it was unlawful for landlords to serve Section 21 notices without providing their tenants with an official gas Safety Certificate. The decision was based on the law that stipulates that landlords with assured shorthold leases must have a record of their gas safety for their property prior to when tenants move into.
How do I obtain a Gas Safety Certificate?
Landlords are legally accountable for ensuring that gas appliances, flues and pipework within the properties they rent out are safe. This is covered by the Gas Safety (Installation and Use) Regulations 1998. In order to comply with the regulations, landlords are required to organize annual gas inspections of all the gas appliances and flues they install in the building. This is called a CP12 Gas Safety Certificate and must be signed by a licensed Gas Safe Registered Engineer after each inspection.
Landlords should consider performing a boiler inspection at the same time as the CP12 inspection. This will ensure that all gas appliances are operating properly and safely. Landlords can typically receive a combination CP12 and boiler service for an affordable price from a qualified gas engineer. They can check the seals on boiler burners. They will also inspect the flue system for cracks and leaks as well as clean the burner and heat exchanger and conduct general maintenance.
The CP12 is often called "landlord's gas safety certificate" but it actually is known as the Gas Safety Record Documentation. It contains the results of safety checks, as well as details of any problems or actions that must be taken care of. Landlords are required to give their tenants the CP12 document not later than 28 days after the Gas Safety Check is completed.
It's important that the landlords or letting agents allow Gas Safe registered engineers to visit the property for safety checks and maintenance. It is crucial to educate tenants on the importance of permitting gas engineers access to their property and explain that the engineer's job is to protect them from carbon dioxide poisoning. If the tenant is unwilling to allow access it's the landlord's or letting agent's responsibility clarify the legal obligations in writing, and follow with a visit to the property to force entry if needed.
Gas Safe ID cards should be requested by tenants prior to entering the property. This will confirm that the engineer has the necessary qualifications to work with your home's systems and therefore be trusted to perform the safety inspection. Be aware that a gas engineer can legally remove defective equipment or shut off the gas supply in case of need.