GAS SAFETY IN RENTED PROPERTY

Most landlords are well aware that a rental property requires a Gas Safety test. But how many of you know which of these statements is correct?

1.       A new gas test certificate is needed for each new tenancy

2.       The tenancy agreement can pass responsibility to the tenant

3.       Gas tests are done by “CORGI” registered engineers

4.       You don’t require a test if you use LPG instead of mains gas

 

Sorry but that was a bit of a trick question -  there was no fully correct statement. 

 

1.       A new gas test is needed for each new tenancy  -  incorrect

A gas test is required each year, so a new tenancy can technically start with an older gas test certificate up to one year old. Since it’s better to be safe than sorry having a new gas test for each tenancy may be a good option if you suspect there are any problems with the gas system.

2.       The tenancy agreement can pass responsibility to the tenant  -  incorrect

Even if you write a special clause in the tenancy agreement it would not stand up legally.  It is the responsibility of the landlord to comply with the gas safety regulations. (There are possible exceptions for certain types of tenancies over 7 years long or for  appliances in non-residential areas.  Generally this will not apply to vast majority of tenancy agreements).

3.       Gas tests are done by “CORGI” registered engineers  -  incorrect

CORGI had the contract for up until 1st April 2009 when they had to re-tender for the licence and lost out to the “Gas Safe Register” who then took over. Any certificates issued by a “CORGI” engineer which are still in date will be valid, but next time they are due they must be done by a “Gas Safe” engineer.  note: For Northern Ireland the change will be on 1st April 2010.

4.       You don’t require a test if you use Liquid Propane Gas (LPG) instead of mains gas  -  incorrect

LPG needs testing just the same (even if it’s one small appliance).  Please also be aware that the engineer also needs to be qualified to service & test LPG appliances.

 

If you don’t comply with the law you are not only putting life at risk, but could face a hefty fine or prison sentence.

But if you stick to the following rules you should be OK.

  • Gas tests are required every year (within 12 months)
  • Always use a ”Gas Safe” registered engineer – check they are qualified online at gassaferegister.co.uk
  • Check the property between tenants and if in doubt have a new test conducted
  • Fit a Carbon Monoxide Alarm – not yet legally required but considered good practice
  • Give the tenant a copy of the gas test certificate within 28 days of the test or before a new tenancy starts
  • Keep the records for at least 2 years

 

For more information, see the HSE website which gives full details of the regulations regarding gas safety. 

 

Robin Burnage CRLM FARLA

15 February 2010

 

Robin Burnage has been a successful portfolio landlord for nearly fifteen years and a Letting Agent since June 2002.  He holds an advanced qualification – Certificate in Residential Letting and Property Management – and in recognition of his dedication is a Fellow of the Association of Residential Letting Agents (FARLA).  Outside of work he enjoys motorcycling and sailing for which he is an RYA Qualified Yachtmaster.

.