Landlords are bound to certain legal obligations when it comes to gas safety- Gas Safety Regulations (Installation and Use) 1998. Gas Safety Regulations are put in place to ensure the safety of all gas appliances in the home which is why it is imperative to make sure they are followed correctly.
Who can issue Gas Safety Landlords Certificates (CP12’s)?
Up until 31st March 2009 the gas engineer must have been registered with CORGI. From 1st April 2009 Corgi has been superseded by Gas Safety Register, which is operated by CAPITA. Since the 1st April 2009 all gas safety landlords certificates (CP12’s) will only be valid if issued by a gas engineer who is entered on the Gas Safety Register. It is illegal to employ a non registered engineer to carry out your gas safety landlords certificates.
All residential properties that are being tenanted require a gas safety landlords certificate (CP12).
As a landlord you have the responsibility to ensure any property that has a gas appliance follow the following gas safety regulations:
- Any appliances, including pipe work leading to or inside the property and flues provided for tenants are maintained in a safe condition.
- You should have the appliances and installations serviced regularly by a gas safety engineer and keep a record of it.
- You must make it clear to the tenants that they should not carry out their own repairs to any of the gas appliances.
- You must have a gas safety landlords certificate (CP12) completed annually.
- Have all gas appliances checked and a new gas safety landlords certificate (CP12) issued immediately before the start of any new tenancy, even if you still have a current one.
- Advise the tenants that as the landlord you will require access to the property to carry out the gas safety landlords certificates (CP12’s) and servicing (with reasonable notice).
- The gas safety landlords certificate (CP12) must be carried out by a gas safe registered engineer.
- You must give your tenants a copy of the gas safety landlords certificate (CP12) within 28 days of it being carried out or before they move in.
- You are required to keep a copy of the gas safety landlords certificate (CP12) for at least 2 years.
- Advise the tenants not to use any gas appliance they think is unsafe
- You are obliged to show your tenants how to switch off the gas supply in the event of a gas leak and make sure the gas meter and cut-off valve are easily accessible to them.
- Ensure the tenants know to call Transco on 0800 111 999 if they suspect a gas/ carbon monoxide leak.
Breach of the gas safety regulations is a criminal offence with the Health & Safety Executive.
- Landlords and/or managing agents can be convicted for non-compliance with the gas safety regulations
- The standard penalty is a £6,000 fine for each item and/or 6 months imprisonment.
- In the most serious cases you could be up for charges of manslaughter
- Insurance cover could be invalidated for non-compliance of the gas safety regulations.