Landlord Gas Safety Certificates - Common Mistakes Landlords Make
Gas safety certificates for landlords can aid landlords in complying with the law and protect their tenants' lives. These certificates help to reduce the chance of carbon dioxide poisoning by identifying defective equipment, flues, or pipework that must be repaired.
These checks are usually performed by the Gas Safe engineer and can be completed in a short time. Digital tools that are integrated into job management software make it easy to manage.
Requirements
Landlord gas safety certificates are a legal requirement and landlords must ensure that all of their tenants have access to a certified engineer to carry out the test. The best way to do this is to include an agreement in the tenancy agreement that states that the property will be available to Gas Safety checks. This will also convey to the tenant that if they don't allow access, the landlord will take the appropriate steps to enforce the rules.
Landlords are required to ensure that their properties have an active CP12 certificate, which is valid for 12 months. Renewals must be made on the same day as the expiration date of the previous certificate to avoid the waste of time when the two certificates are in conflict. Recent changes to the law have provided landlords more flexibility in when they conduct their inspections. However this doesn't mean they can cut down on their annual inspections.
It is important to remember that only registered engineers with Gas Safe Register are legally permitted to work with gas piping, appliances and flues. A landlord who hires an engineer who isn't registered may be accused of a criminal offense.
If a tenant refuses access for the annual Gas Safety Check the landlord should write to them in a clear and concise way, stating why they require access and what is involved with the inspection. If the landlord does not receive a response, they may think about taking further steps such as the issue of a Section 21 Notice or applying to the court for an Injunction. Installing inspection hatches allows engineers to inspect for leaks in gas, and also ensure that the appliance shutoff valve functions.
Tenant's responsibilities
It's your responsibility to ensure that the gas lines in your apartment are secure. Your tenants could be at risk to suffer injuries if you don't take care. In order to ensure the safety of your tenants it is recommended that you conduct a NYC apartment gas inspection completed by a licensed gas engineer. You should also ensure that your tenants have access to the gas supply. If you're unsure of your obligations, consult a New York Apartment Fire Injury Lawyer right away.
It is crucial that you provide your tenants the gas safety certificate of the landlord at the start of their tenancy or as shortly after the inspection as you can. It should be prominently displayed in the building. If you're the landlord of a building with shared appliances, you can split the flues and appliances into different parts, so that each part has its own gas safety checks.
Sometimes, tenants who refuse to allow the engineer to perform the safety checks. The reason is usually that the tenant believes it's an invasion of their privacy, or they're in a dispute. Be sure to remind them that carbon monoxide is dangerous gas, and it's your legal duty to protect your family from harm.
If your tenants don't want to allow the gas operative to carry out the test, it's a good idea to include an agreement that requires them to permit access for maintenance and safety inspections. The tenancy agreement should also state whether you can disconnect the gas supplies and, if yes and when it is permitted. It is also important to provide the employee with a method to identify him/her by his/herself, for example a scan of a signature or a unique payroll number to them or an employee ID.
Accessible
A landlord gas safety certificate is required for any property that is equipped with gas appliances, such as boilers. A landlord who fails to renew their certificate is subject to heavy fines and the risk of making tenants uncomfortable. To avoid this, landlords should ensure that their certificates are current by scheduling an annual gas test for their tenants.
The cost of a gas safety test is determined by a number of factors, including the location of the property as well as the number of gas appliances it houses. Gas safety checks cost anywhere from PS35 to PS150 per property. The cost can vary dependent on the location of the property as well as the gas company employed.
Landlords are required to give an official copy of the gas safety report (also called a CP12) to their tenants. The document must be handed out to tenants who have rented the property within 28 days of the check being completed, and new tenants must receive it within 28 days of moving into the property. The landlord should keep a copy CP12 on the property and make sure it is easily accessible.
Tenants can also ensure that their landlord has an appropriate gas safety certificate by ensuring that they have access to the property and that the appliances they own are not connected to mains gas. They should also look for clunking sounds, black marks on appliances, or other indications of a problem with the gas system. They should immediately inform the landlord if they observe any of these indications.
If a landlord is not able 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 laws. This could mean retrying to conduct the checks and writing to the tenant to inform them that the safety checks are required by law to ensure their safety.
Expiry date
Gas safety certificates must be maintained up-to-date by landlords. Failure to do so could lead to unexpected dangers for tenants, and could lead to fines from regulatory bodies. Failure to renew a certificate within the stipulated timeframe can cause the insurance policy of a landlord to be cancelled. It's not always easy to navigate the complex regulations governing these certificates. Landlords frequently make mistakes when it comes time to carry out these checks. They must be aware of these issues to avoid them.
Landlords are legally obligated to schedule annual gas safety tests of all appliances and flues. They must also give copies to tenants who have rented the property within 28 days of the test, and to new tenants at the start of their tenure. They are also required to display a copy in a prominent location at the property. Landlords are also required to keep records of these tests for a minimum of two years.
From the 6th of April in 2018 the regulations have been modified slightly to allow landlords more flexibility when they need to get their gas safety checks done. This change permits landlords to have their gas safety checks carried out up until two months before the due date, but still preserving the expiry date of the check. However, what is a landlord gas safety certificate to ensure that the check is scheduled well in advance of the expiry date, and not to assume that there is a grace period.
If a landlord does not have the gas safety check done before their current certificate expires, they will not be able rent their properties until the new checks are completed. Landlords should be aware that this is an important violation of the law, and they could face significant penalties.
Recommendations
As a landlord you must ensure that your gas safety certificate is current at all times. Keep copies of your previous certificates for a minimum of two years. You must shop around to find the most affordable price. Prices may vary.
During the inspection, the engineer will issue you with an official Landlord Gas Safety Record. This is important to provide to new tenants prior to their move-in and as proof of compliance with the legal requirements. The record includes an explanation of and the location of all gas appliances and flues checked. It also lists their test dates and any actions taken by the engineer. It should also include the name, registration number, and unique identifier for the engineer who performed the test. This could be an electronic signature, an scanned identification card, or a pay number that is unique to the operative.
The engineer will mark any flues or appliances that are unsafe on the safety record. The landlords then have to arrange for the appropriate repairs to be completed. If the issue is not fixed within a reasonable amount of time, the engineer can remove the gas supply.
Landlords are required to fulfill a variety of responsibilities to their tenants, and keeping up to date with annual gas safety checks is one of the most important. If a fatal accident happens and a landlord does not adhere to the regulations could be penalized or even jailed.