Landlord Gas Safety Certificate and Boiler Service
As a landlord, it's your responsibility to ensure that all gas appliances, chimneys and flues are inspected every year. It is also your responsibility to provide a copy to your tenants.
If the engineer deems any appliance or installation as being immediately dangerous they will ask permission to cut off the gas supply and suggest that inspection hatches be put in place.
What is what is a Gas Safety Certificate?
A landlord gas safety certificate is a document which demonstrates that all of the gas appliances in the rental property and flues have been examined by a qualified gas engineer. Landlords are legally required to arrange a gas safety check every year for each rental property they own. The inspection is carried out by an Gas Safe registered engineer and checks to ensure that all pipework appliances, flues, and pipes are in good working order and that they are in compliance with the safety regulations.
The law also requires landlords to give tenants a copy of the CP12 Gas Safety Certificate, (Gas Safety Record) at the time of each annual inspection and test for gas safety. This should be provided to current tenants within 28 days of the Gas Safety inspection and given to any new tenants at the beginning of their tenancy.
CP12 is an abbreviation for the CORGI Proforma 12 which was used by the Council for Registered Gas Installers (CORGI) before being replaced by the Gas Safe Register in 2009. The form identifies the date of the last gas inspection or test, the results of these tests, any actions or issues that require to be addressed, as well as the name of the person who performed the test.
If the Gas Safety check highlights any problems with a gas appliance, the engineer will advise on what should be done to ensure it is safe for use. If an appliance is deemed to be immediate danger or abnormally lethal, the gas supply will have to be shut off until the issue has been fixed.
If a tenant refuses to allow access for the gas safety checks to be carried out, it is an infraction that is punishable by law. If necessary the landlord has the right to ask the courts for an order to stop the tenant from preventing the gas safety inspections. However, it's usually easier to send a letter which explains why the checks are important and what's required. This will convince a tenant who is reluctant to give access, and in the event that they do otherwise, the landlord could be required to begin the process of eviction.
How often should I get a Gas Safety Certificate?
By law, landlords and agents for letting are required to conduct an annual safety check of all gas appliances and chimneys they offer to their tenants. This is to ensure that their equipment is safe for use and there are no leaks of gas in the property. Gas inspections are a crucial obligation for landlords and they must ensure that they are carried out by a certified engineer.
The Gas Safety Certificate (formerly the Gas Safety Check Record) is a legal document that confirms that the gas inspection was completed by a qualified engineer within the past 12 months. It is given to the landlord, and should be given to the tenant as proof of the security of the gas supply. It is valid for 12 months and needs to be renewed each year.
A landlord who is unable to provide an Gas Safety Certificate for their tenants could be penalized. It is therefore vital for landlords to have their Gas Safety checks carried out on time and to keep a copy of the certificate in case a tenant needs it.
Installing inspection hatches in all gas appliances is a good idea because it lets engineers quickly access the appliances for annual inspections. If the appliance is found to be in danger during an inspection, the engineer will formally classify it as such and shut off the boiler and recommend that tenants not to use it until the inspection hatch has been installed.
Landlords must also ensure that they give tenants at least 24 hours notice prior to when they visit the property to conduct Gas Safety checks. This will allow tenants to prepare for the visit and grant permission if necessary. If a tenant does not allow the engineer's entry, the landlord must explain the reason why it is necessary and what happens should the tenant refuse. If the tenant does not allow the engineer entry, the landlord could think about evicting the tenant in accordance with section 21 of 1988 Housing Act.
What happens if I don't receive a Gas Safety Certificate?
In short it is the landlord's legal obligation to ensure that their property is equipped with a valid gas safety certification prior to the time tenants move into. In the absence of this, it's an offence that can cause landlords to be charged and liable to heavy fines. The regulations state that landlords must also furnish copies of gas safety certificates to their tenants upon request.
Gas Safe registered engineers must visit the rental home of the landlord to perform an inspection of the gas supply to all gas appliances. During the inspection, a Gas Safe registered engineer will identify any issues that could pose a risk to tenants. The engineer will issue an CP12 Gas Safety Document, which is also referred to as a Landlord Gas Safety Record (or a Gas Safety Certificate).
This is an important document that every tenant should keep. This document contains information about gas installations in a rental home and the dates they were tested and their expiration dates. It will help tenants recognize any issues with their appliances or installations and ensure they are aware of how to reach a Gas Safe engineer to have them tested.
Landlords must provide a gas safety report to their tenants, new and existing, within 28 days after the engineer has visited their property. They must also provide a copy the CP12 to the tenant on the day their tenancy begins. Landlords who do not provide a copy of the gas safety certificate can be prosecuted under the regulations and could face unlimited fines or a six-month imprisonment.
Similarly, landlords must ensure that their properties have working carbon monoxide alarms and can arrange that they be tested each month. If the alarm isn't functioning, the landlord has to fix it. This applies to councils, private landlords, and housing associations as well as licensable houses of Multiple Occupation.
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 an official gas safety certificate. The decision was made by reference to the law which stipulates that landlords with assured shorthold leases must have a record of their gas safety for their property prior to the time tenants move into the property.
How can I obtain a Gas Safety Certificate (GSC)?
Landlords are legally responsible to ensure that gas appliances, flues, and pipework in the properties they rent out are safe. Gas Safety (Installation and Use) Regulations, 1998 cover this. To be in compliance with the regulations landlords are required to conduct annual gas checks of all gas appliances and flues that they install for use in a property. This is known as a CP12 Gas Safety Certificate and must be signed by a licensed Gas Safe Registered Engineer after each inspection.
It's also recommended for landlords to consider having the boiler service completed simultaneously with the CP12 inspection, since this will help ensure that all the gas appliances are functioning correctly and safely. Gas engineers can offer the combination CP12 inspection and boiler service for a reasonable price. They will check the seals on boiler burners and look for leaks and cracks in the flue system, clean the heat exchanger and perform general maintenance.
The CP12 is often known as "landlord's gas safety certificate", although it's actually known as the Gas Safety Record Documentation. It includes the results of the safety checks, as well as specifics about any issues or actions that should be addressed. Landlords are required to give tenants a copy of the CP12 document within 28 days of the Gas Safety check being completed.
It is essential that landlords and letting agents allow Gas Safe registered engineers access to the property to conduct safety inspections and maintenance. It is a good idea to educate tenants on the necessity of allowing access, and explaining that the gas engineer is there to help keep them safe from carbon monoxide poisoning. If the tenant is unwilling to allow access, it's the landlord 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 before entering the property. This will ensure that the engineer has the necessary qualifications to work with your home's systems and therefore be trusted to carry out the safety check. You should also be aware that a gas engineer can legally disconnect the malfunctioning equipment or cut off the gas supply in case of need.