Landlord Gas Safety Certificates - Common Mistakes Landlords Make
Landlord gas safety certificates aid landlords in complying with the law and safeguard their tenants their lives. These checks reduce the risk of carbon monoxide poisoning by identifying any malfunctioning appliances, flues, or pipework that must be repaired.
The checks can be performed quickly by Gas Safe engineers. They are also easy to manage using digital tools that integrate into full job management systems.
Requirements
Gas safety certificates for landlords are a legal requirement and landlords must ensure that all of their tenants have access to a qualified engineer to conduct an inspection. This can be done by incorporating a clause into your tenancy agreement that says that the property is accessible to Gas Safety checks. It will also be clear to the tenant what happens in the event they refuse access.
Landlords must make sure that their properties are in possession of a valid CP12 certification, which is valid for a period of 12 months. It is recommended to renew it on the same day as the previous certificate expires, so that you don't waste days when the old and new certificates overlap. Recent changes to the law have given landlords more flexibility in when they conduct their inspections. However, this does not mean that they can shorten their annual inspections.
It is important to remember that only engineers registered with Gas Safe Register are legally allowed to work with gas piping, appliances and flues. If a landlord hires an engineer who is not registered, they could be liable for a criminal charge.
If a tenant is unwilling to permit access to the annual Gas Safety Check, the landlord must send them a strongly worded letter explaining why they need access and what the inspection will involve. If the landlord does not receive a response and they aren't sure what to do, they can take additional steps, like serving the tenant with a Section 21 notice or applying to the court for an injunction. It's also recommended to put up inspection hatches inside the property, so that the engineer can look for gas leaks and ensure that the appliance shut-off valve is functioning.
Tenant's responsibilities
It's your responsibility to ensure that the gas lines in your apartment are safe. If you don't, your tenants could end up suffering injuries in an incident. To ensure the safety of your tenants, you should have your NYC apartment's gas inspection done by a licensed engineer. Also, you should ensure that your tenants have easy access to the gas supply. If you are not sure about your obligations, talk to an New York Apartment Injury Lawyer as soon as you can.
When you get the landlord gas safety certificate it is essential to provide your tenants with an official copy of the report at the beginning of their tenancy, or as soon as possible after the inspection is completed. It is also recommended to display it prominently in the property. If you're the owner of a property that has shared appliances, you can split the flues and appliances into different parts, so that each part gets its own gas safety check.
Occasionally, you might encounter tenants who won't allow the engineer to carry out the safety inspections. It's usually because the tenant is concerned about intrusion of their privacy, or they're involved in a dispute. Be sure to remind them that carbon monoxide is hazardous gas, and it's your legal obligation to protect the environment.
If your tenants aren't willing to allow the gas engineer to conduct the test, it's worth including the clause in their lease that states that they must permit access for maintenance and safety inspections. The tenancy agreement should also specify whether you are able to shut off gas supply, and if so, when this is allowed. You must also provide the worker with a way to identify him/her by her, eg a scanned signature, a payroll number unique to them or an employee ID.
Access
A landlord gas safety certificate is required for each property that has gas appliances, such as a boiler. A landlord who fails to renew their certificate is subject to heavy fines and the risk of making tenants feel uncomfortable. To avoid this, it's important that landlords keep their certificates current by scheduling an annual check of their tenants gas.
The cost of a safety check for gas appliances is determined by various factors, including the location of the house and the quantity of gas appliances that are in the house. Gas safety checks cost between PS35 to PS150 per property. The cost varies depending on the location of the property and the gas company employed.
Landlords must provide tenants with the gas safety record that is also known as a CP12. This document should be handed to tenants within 28 days after the check is completed. New tenants must be provided with the document within 28 days after moving into. Landlords should keep a copy CP12 on the property and make sure it is easily accessible.
Tenants can also help to ensure that their landlord holds a valid gas safety certification by ensuring that they have access to the property, and that any appliances owned by them are not connected to mains gas. They should also listen for a squealing sound, look for black marks on appliances, or other indications that the gas system is not working properly. If they find any of these symptoms they should notify the landlord immediately.
If a landlord is unable to gain access to the property to conduct a gas safety inspection, they must show that they have taken all "reasonable steps" to comply with the laws. This could include making repeated attempts to carry out checks and sending letters to tenants to inform them that safety checks are required by law for their safety.
Expiry date
Gas safety certificates must be updated by landlords. Failure to do so could result in unexpected hazards and penalties from regulatory agencies. Additionally, failing to renew a certificate on time may cause a landlord to lose their insurance. However, navigating the complicated regulations surrounding these certificates can be difficult. Landlords often make mistakes when they perform these checks. They should be aware of these to avoid them.
Landlords are legally required to conduct annual gas safety tests of all onsite appliances and flues. They must also give copies to existing tenants within 28 days of the test, and new tenants at the start of their lease. The copy must be displayed in a prominent spot on the property. The landlords must also keep a record of these tests for a minimum of two years.
Since the 6th April, 2018 the regulations have been changed slightly to allow landlords more flexibility when they need to get their gas safety inspections completed. This change permits landlords to have their gas safety inspections carried out up until two months before the due date, but keeping the expiry date of the check. However, it's essential to ensure that the check is scheduled well in advance of the expiry date, and not to think that there is a grace time.
If landlord gas safety certificate how often fails to conduct a gas safety inspection completed prior to the expires, they'll not be able to let their properties until the new checks are completed. Landlords should be aware that this is a major breach of regulation and could result in substantial penalties.
Recommendations
As an owner, you need to make sure your gas safety certificate is up-to-date at all times. Keep copies of your prior certificates for at least two years. You should look around for the best price. Prices may vary.
During the inspection, the engineer will issue you with a completed Landlord Gas Safety Record. This is important to provide to tenants who are about to move in prior to their move-in date and as proof of compliance with the legal requirements. The document contains a description and where to find all gas appliances and flues examined. It also lists the dates of their tests and any actions taken by the engineer. It should also include the name, registration number and unique identifier of the engineer who conducted the test. This could be an electronic signature, a scanned identification card, or a pay number that is unique to the person who performed the test.
If the engineer discovers an appliance or flue as unsafe, they will note this on the safety inspection record. The landlords then have to organize for the correct repairs to be made. If the issue cannot be fixed within a reasonable amount of time, the engineer can remove the gas supply.
Landlords have a number of obligations to their tenants and keeping up-to-date with regular gas safety checks is one of the most important. Infractions to the rules could result in a fine or imprisonment should a fatal accident occur.