Gas Safety Certificate For Landlords
It is vital to keep in mind that it is only landlords that are accountable for gas safety checks. This applies to landlords who own residential properties and those who rent rooms or other holiday accommodation.
Before they can put their properties for sale landlords must prove that the pipework and appliances in their homes are safe. This can be accomplished by having an official gas safety certificate.
What is a Gas Safety Certificate?
You must abide by the law, whether you are a landlord or homeowner in keeping your gas appliances and installations in good working in good working order. Every property owner should obtain their gas safety certificates at least once per calendar year. What exactly is a gas safety certificate? Who really needs one?
A Gas Safe Certificate, also called a Landlord Gas Safety Record, is a legal document issued by a licensed Gas Safe engineer after carrying an extensive inspection of all the gas appliances and flues in your rental home. The engineer will also verify that the ventilation passages in your properties are clear to prevent the risk of carbon monoxide accumulating in your home.
The Gas Safe Certificate will provide you with the results of your annual inspection. It will list all the inspected gas appliances and installations, as well as their model, brand, and location in your home. The engineer will then state whether they believe the appliances to be safe to use or not, and detail the work that needs to be completed to ensure the security of your tenants.
You will need to provide your Landlord Gas Safety Certificate to your tenants within 28 days of the service. You must also give it to tenants who are new when they begin their tenure. Failure to do this could result in fines or even criminal prosecution, so it's vital to take your responsibilities seriously.
Although homeowners do not need to have a Gas Safety Certificate, it's still a good idea to obtain one on an annual basis. This will not only put your mind at ease about the condition of your gas and heating appliances, but help you identify any problems early. This could help you save money and time in the long-term.
If you're considering selling your house, a Gas Safety Certificate will prove very beneficial to potential buyers as it will demonstrate that you've taken care of your gas appliances and installations. Additionally, it will accelerate the process of selling as it will not require additional checks.
Who requires an attestation of gas safety?
As a landlord, it's your responsibility to make sure that all gas appliances and flues that are in your rental home are safe for your tenants. This means that you'll need to schedule regular inspections by an Gas Safe registered engineer to ensure everything is in good working order.
You'll need to provide your tenants a copy of the Gas Safety Certificate once the inspection has been completed. Ideally, this will be completed prior to when your tenants move in or at the start of any new leases. You should keep an original copy for yourself, as well as the records of any maintenance that was performed on the gas appliances that are in your property.
Landlords are legally required to have their properties inspected for gas safety at least once every 12 months. This includes all properties with gas appliances that are owned by the landlord as well as any appliances provided to tenants.
If you're a landlord and don't have an official gas safety certificate you could be facing huge fines (up to a total of PS6,000) and court actions from your tenants or even a criminal charge. The biggest danger, however, is that one of your tenants might be injured or killed due to faulty appliances in your rental property.
The only ones who are qualified to conduct an Gas Safety Check are Gas Safe engineers. Only gas safety certificate homeowner are trained to check, service and test appliances and installations safely. Landlords can verify an engineer's Gas Safe Register registration by looking for their ID card which has unique holograms on it.
It is not common for a tenant to not permit access to the rental property in order to perform the Gas Safety Check. However, it does happen. In these instances, it's important for the landlord to explain to the tenant the legal requirement and how carbon monoxide can be very dangerous if not detected in time.
If the tenant is unwilling to allow an engineer into the property and the landlord is not willing to let an engineer in, then the landlord might decide to issue a Section 21 notice that ends their lease. This should be followed by an explanation as to why they are being forced out. For example rent arrears, non-payment or severe damage to the property.
How do I obtain a gas safety certificate?
A gas safety certificate is necessary for landlords to prove their properties are in compliance with the requirements of the government. However, some tenants might not allow gas engineers into their homes for this purpose which can be frustrating and unfair for landlords. Landlords need to make sure tenants know that gas engineers aren't spies, and they only need access to their homes in order to sign a legally-required document. This will decrease the number of tenants who are unable to access gas inspections.
The Landlord Gas Safety Record is issued by the gas engineer when the required checks. It is also referred to as a CP12 which is a reference to CORGI Proforma 12 CORGI was once the Council for Registered Gas Installers however, it was replaced in April 2009 by the Gas Safe Register.
gas safety certificate grace period must provide their current tenants with a copy this document within 28 days (about four weeks) of the date that the check is completed. The landlord must also provide a new tenant one upon signing the tenancy agreement. The landlord must also ensure that a carbon dioxide detector is installed in each room that has fixed combustion appliances, excluding gas cookers. Smoke alarms must be installed on each floor of the property. The HSE website provides more information for landlords, including free leaflets along with an Approved Code of Practice to Manage Gas Installations and Appliances in a Rental Property.
If a landlord is not able to gain access to their property in order to carry out the necessary gas security checks, they can use a section 21 notice to remove the tenants, if appropriate. It is important to remember that a notice under section 21 is only served when the landlord has had at least three attempts to gain access to conduct the gas safety inspection and has kept records of these attempts. If a landlord fails to follow the proper procedure for entry and tries to evict tenants through unlawful means, they could be accused of harassment and face heavy fines from regulatory bodies.
Why do I need a gas safety certificate?
Landlords need to have a gas safety certificate to ensure that the home they lease out is safe for tenants to reside in. Gas engineers must conduct regular checks to make sure that all appliances are safe to use. It also means that they must make sure the gas pipes, appliances and flues are all in good working order.
This will prevent any accidents, fires, or carbon monoxide poisoning which could result from faulty equipment. Gas Safety Certificates are important for landlords to ensure they are up-to-date. They could be penalized for not doing so.
Landlords must demonstrate that their annual gas safety inspection has been carried out on time. You can verify your Gas Safe Register online or request a copy from the engineer that visited the property. The landlord must fix any appliances that are unsafe or faulty immediately to protect the safety of the tenant.
Some landlords are unable to convince their tenants to grant them access to their property in order to conduct gas safety inspections. This could be due to a variety of reasons, such as the fact that they feel it's a violation of privacy or that they are currently in dispute with their landlord. If this is the case, it's recommended for the landlord to write an extremely clear letter explaining why the gas safety checks are necessary and what they'll entail. This letter can be sent via recorded delivery and will give the tenant 14 days to respond.
If the tenant is still refusing to allow the landlord access then they should consider taking another step. This might include writing a Section 21 notice or applying to the court for an injunction to compel them to grant access. This is a serious measure that should only be taken only as a last resort.