Landlord Gas Safety Certificates - Common Mistakes Landlords Make
Gas certificates for landlords help landlords to comply with the law while also protecting their tenants. They minimize the risk of carbon monoxide poisoning by identifying defective appliances, flues or pipework that must be repaired.
These checks can be completed quickly by Gas Safe engineers. They are also simple to manage with digital tools that integrate into complete 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 licensed engineer to conduct a check. This can be done by incorporating a clause into your tenancy agreement which states that the property is accessible to Gas Safety checks. This will also make clear to the tenant what will happen should they refuse access.
Landlords must make sure that their properties are equipped with an active CP12 certification that is valid for 12 months. It is recommended to renew it on the same day that the previous one expires, so that you don't waste days when the new and old certificates overlap. A recent amendment to the law has given landlords increased flexibility over when they conduct their inspections, however it is important to remember that this does not mean that landlords will be able to reduce the length of their annual inspections.
It is also important to remember that only an engineer who has been registered with Gas Safe Register is legally permitted to work on gas piping and appliances including chimneys and flues. If a landlord employs an engineer who is not registered, they could be liable for a criminal charge.
If a tenant refuses to permit access to the annual Gas Safety Check, the landlord has to send them a clear letter stating why they need access and what the inspection will entail. If the landlord fails to receive an answer, they could consider taking further actions like an Section 21 Notice or applying to court for an Injunction. Installing inspection hatches will enable the engineer to look for gas leaks, and ensure that the appliance shutoff valve functions.
Tenants have responsibilities
It's your responsibility to ensure that the gas lines in your apartment are secure. If you do not, your tenants could be injured in a fire. To ensure the safety of your tenants, you should have your NYC apartment's gas inspection performed by a certified engineer. Also, you must ensure that your tenants can easily access the gas supply. If you're unsure of your responsibilities, contact an New York Apartment Fire Injury Lawyer right away.
It's important that you give your tenants the landlord gas safety certificate at the start of their tenancy or as soon as is possible. It should be displayed prominently in the property. If you are the manager of an apartment building with shared appliances, you might prefer to split the appliances and flues into separate sections so that each section receives its own safety inspection.
You may occasionally encounter tenants who do not want to let the engineer to conduct the safety inspections. This is usually because the tenant believes it's an invasion of their privacy or they are in an argument. Remind them that carbon monoxide can be an extremely dangerous gas, and it is your legal obligation to protect the environment.
If your tenants are not willing to let the gas technician perform the test, you must include a clause in your contract that says they must allow access to safety and maintenance inspections. The tenancy agreement should clarify whether you can shut off gas supply and, if so, when this is allowed. It is also recommended to provide the employee a method to identify themselves as a unique individual by scanning a signature, employee ID or a payroll number that is unique to them.
Access
A gas safety certificate for landlords is required for any property that is equipped with a gas appliance, such as a boiler. If a landlord fails to renew their certificate is subject to massive fines and also the possibility of making tenants uncomfortable. To avoid this, it is crucial that landlords ensure that their certificates are current by scheduling an annual check of their tenants gas.
The cost of a safety check for gas appliances is determined by several factors, including the location of the home and the number of gas appliances in the home. Gas safety checks cost anywhere from PS35 to PS150 per property. The price can vary greatly dependent on the location of the property and the gas company that is used.
Tenants must be provided by landlords with a copy of their gas safety certificate that is also known as a CP12. This document should be given to existing tenants within 28 days of the check being completed, and new tenants should receive it within 28 days of settling into the property. Landlords should keep a copy CP12 on the property and ensure that it is easily accessible.
Tenants can also help to make sure their landlord has an appropriate gas safety certificate 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 be looking for clunking sounds, black marks on appliances, or other signs of problems with the gas system. They should notify the landlord if they notice any of these indications.
If a landlord is not in a position to gain access to the property to conduct an inspection of gas safety and is unable to do so, they must be able to prove that they took all reasonable steps' to be in compliance with the law. This could mean retrying to carry out the checks and contacting the tenant to explain that the safety checks are a legal requirement to ensure their own security.
Expiry date
It is essential that landlords have their gas safety certificates up to date. Failure to do so could result in unexpected hazards and fines from regulatory agencies. Failure to renew a certification within the stipulated timeframe can cause the insurance of a landlord to be canceled. It can be difficult to navigate the complicated regulations that surround these certificates. Landlords are often prone to making mistakes when it comes time to carry out these checks. They must be aware of these issues to avoid them.
Landlords are legally obliged to arrange annual gas safety checks of all the appliances on site and flues. They must also provide copies to tenants who have been with them for a minimum of 28 days following the test, and to new tenants at the time they begin their tenure. They are also required to display a copy in a prominent place at the property. Landlords are required to keep a record of these tests at least for two years.
Since the 6th of April 2018 the regulations have been amended to give landlords greater flexibility in arranging their gas safety inspections. This change allows landlords to have their gas safety inspections carried out up to two months before the due date, while still maintaining the expiry date of the check. However, it is still vital to ensure that a check is booked well in advance of the expiry date, and not to assume that a grace period exists.
If a landlord does not have their gas safety checks completed prior to the date that their current certificate expires, they'll be unable to rent out their property until they've had the new checks done. Landlords need to be aware that this is a serious violation of the law and could be subject to significant penalties.
Recommendations
As landlords, you should make sure your gas safety certificate is up to date at all times. Keep copies of prior certificates for a minimum of two years. You should shop around to find the most affordable price. Prices can vary.
During the inspection the engineer will issue you with the completed Landlord Gas Safety Record. This is vital to provide new tenants with the necessary documents before they move in and for demonstrating compliance with legal obligations. The document contains an explanation of each gas appliances checked and their places of operation. It also lists the date of the test as well as any actions taken by the engineer. It must also include the name, registration number and unique identifier for the engineer who conducted the test. This could be a scan of an ID card, a digital signature or the payroll code, which is unique to each employee.
If the engineer finds any appliance or flue to be unsafe, they will note this on the safety inspection record. The landlords then have to arrange for the appropriate repairs to be completed. If the issue cannot be rectified in a reasonable amount of time, the engineer may disconnect the gas supply.
Landlords have a number of obligations to their tenants and keeping up-to-date with annual gas safety inspections is one of the most important. If a fatal accident occurs and a landlord fails to comply with the regulations could be fined or even jailed.