Landlord Gas Safety Certificate and Boiler Service
As a landlord, it is your responsibility to make sure that all gas appliances, chimneys and flues are regularly inspected. You must also give a copy of the report to your tenants.
If the engineer believes that a particular appliance or installation is imminently dangerous they will ask permission to cut off the supply of gas and recommend the installation of inspection hatches.
What is a Gas Safety Certificate?
A gas safety certificate for landlords is a document which demonstrates that the rented property's gas appliances and flues have been checked by a certified gas engineer. The landlord must arrange for an annual gas inspection for each rental property they have at least once a year. Gas Safe registered engineers carry the inspection and ensure that all pipework, appliances and flues comply with safety regulations.
Landlords are also legally required 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 document should be handed out to tenants within 28 days following the Gas Safety Inspection and to new tenants at the beginning of their tenancy.
CP12 is the abbreviation of the CORGI Proforma 12 that was employed by CORGI before it was replaced in 2009 by the Gas Safe Register. The form lists the date of the last gas inspection and tests as well as the results of these, any actions or issues that require to be addressed, as well as the name of the person who conducted the check.
If the Gas Safety check highlights any problems with a gas device, the engineer will advise on what needs to be done to ensure it is safe for use. If an appliance is deemed dangerous immediately or abnormally dangerous the gas supply needs to be disconnected until the problem has been resolved.
It is a crime for a tenant to refuse to allow the gas safety check to be conducted. If needed the landlord has the right to ask the courts for a court order to prohibit the tenant from preventing the gas safety checks. However, it's more common to send a letter which clarifies why the checks are essential and what will be required. This should make a tenant more hesitant to give access, and if otherwise, the landlord could need to consider starting the process of eviction.
How often should I get a Gas Safety Certificate?
Landlords and letting agencies are legally required to conduct an annual gas safety check on all flues and gas appliances that are supplied to tenants. This is done to ensure that the equipment is safe to use and to ensure that there aren't gas leaks in the building. This is a crucial obligation and landlords must make sure that they have their gas inspections completed by a licensed gas engineer.
The Gas Safety Certificate, formerly known as the Gas Safety Check Record, is a legal document which affirms that an engineer has completed a gas check within the last 12 months. It is given to the landlord, and should be provided to the tenant as proof of the security of the gas safety certificate for landlords supply. It is valid for a period of 12 months and has to be renewed each year.
If a landlord fails to provide their tenants with a Gas Safety Certificate then they are in violation of the law and could be penalized by the local authority. It is therefore vital for landlords to ensure that their Gas Safety checks carried out in a timely manner and to keep a copy of the documentation in the event that a tenant asks for it.
Installing inspection hatches on all gas appliances is a good idea, because it lets engineers gain access to the appliances for their annual inspections. The engineer will categorise the appliance as 'at-risk' and may recommend that tenants stop using the boiler service and gas safety certificate until the inspection hatch has been installed.
Landlords are also required to provide their tenants with at least 24 hours' notice prior entering the property to conduct Gas Safety Checks. This will allow tenants to prepare for the visit and grant permission, if required. If a tenant does not allow access to the engineer, the landlord must explain the reason for this and what happens should the tenant refuse. If the tenant is still refusing the engineer entry, then the landlord must think about evicting them under section 21 of the Housing Act 1988.
What happens if you don't have a Gas Safety Certificate?
It is the legal obligation of landlords to ensure that their property has a gas safety certificate valid prior to the time tenants move in. Failure to do this is an offence that can result in landlords being prosecuted and subject to severe fines. The regulations also stipulate that a landlord must provide an electronic copy of the gas safety certificate to their tenants on request.
Gas Safe registered engineers must visit the rental property of the landlord to conduct an inspection of all gas appliances. During the inspection the engineer will take note of any issues that may present a danger for tenants. The engineer will then issue a CP12 Gas Safety Document, also referred to as a Landlord Gas Safety Record (or a Gas Safety Certificate).
This is a crucial document that every tenant should take possession of and keep. It includes information about the gas appliances in a rental property as well as information about when they were last tested and their expiry dates. It can assist tenants in identifying issues with their appliances and installations and make sure they know how to contact an Gas Safe Engineer to have them checked.
Landlords are required to provide their new and current tenants with a gas safety inspection report within 28 days of the engineer visiting their property. They must also provide a copy the CP12 to the tenant on the day that their tenancy commences. Landlords who fail to provide an original copy of the gas safety certificate could be prosecuted under the rules and could face unlimited fines or six months imprisonment.
Similarly, landlords must ensure that their properties have working carbon monoxide alarms. They can also arrange that they be tested every month. The landlord is responsible for fixing the problem if the alarm does not work. The rules around this apply to council, private and housing association landlords as well as to licensable houses of Multiple Occupation (HMOs).
In June 2017 the High Court decided that it was unlawful for landlords to issue Section 21 notices if they did not provide their tenants with a valid gas safety certification. The decision was based upon the law that requires landlords with assured shorthold tenancies to obtain an official gas safety certificate for their property prior to when tenants move into it.
How do I get a Gas Safety Certificate?
Landlords are required by law to make sure that the gas appliances, flues and pipework in their properties are safe for tenants. Gas Safety (Installation and Use) Regulations 1998 regulate this. To be in compliance with these regulations, landlords must conduct annual gas inspections on all gas appliances and flues that they provide for use in the property. This is known as a CP12 gas safety certificate and it must be filled out by a certified Gas Safe registered engineer after each inspection.
Landlords should also think about having a boiler inspection done at the same time as an CP12 inspection. This will ensure that the gas appliances are functioning properly and safely. Gas engineers can provide a combined CP12 inspection and boiler service at a reasonable price. They will examine the seals of boiler burners, inspect for leaks and cracks within the flue system, clean the heat exchanger, and carry out general maintenance.
The CP12 document is often called the 'landlord's gas safety certificate', but it is actually the Gas Safety Record documentation. It includes the results of the safety inspections, and specifics about any issues or actions that need to 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 important that landlords and letting agents allow Gas Safe registered engineers access to the property to conduct safety inspections and for maintenance. It's important to educate tenants about the importance of allowing gas engineers access to the property and explain that the engineer's presence is necessary to safeguard them from carbon dioxide poisoning. If a tenant is hesitant to allow access, it's the landlord or letting agent's responsibility explain the legal responsibilities in writing, and follow with a visit to the property to force entry if needed.
Gas Safe ID cards should be requested by tenants before allowing them to enter the property. This will confirm that the engineer is qualified to work on your home's systems and can therefore be trusted to perform the safety inspection. It's important to keep in mind that the gas engineer is legally permitted to cut off any defective equipment and can cut off gas lines when necessary.