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 The Gas Safety (Installation and Use) Regulations 1998 specifically deal with the installation, maintenance and use of gas appliances, fittings and flues in domestic and certain commercial premises. They place duties on certain landlords to ensure that gas appliances, fittings and flues provided for tenants’ use are safe. These duties to protect tenants’ safety are in addition to the more general ones that landlords have under the Health and Safety at Work etc Act 1974 and the Management of Health and Safety at Work Regulations 1999.
Which gas equipment is covered?
The safety check and maintenance requirements generally apply to any gas appliance or flue installed in the ‘relevant premises’ except that:
1. Appliances owned by the tenant are not covered
2. Flues/chimneys solelyconnected to an appliance owned by the tenant are not covered
3. Any appliances and flues serving ‘relevant premises’ (such as central heating boilers not installed in tenants’ accommodation, but used to heat them) are covered.
4. The safety check does not apply to any gas appliance (such as gas fires provided for customers in non-residential areas of public houses) that is exclusively used in a part of premises occupied for non-residentialpurposes. Your duty to maintain and carry out safety checks applies to fixed as well as portable appliances, such as LPG cabinet heaters.
What are the main duties of a landlord?
A landlord is required to: ensure gas fittings and flues are maintained in a safe condition.
1. Gas appliances should be serviced in accordance with the manufacturer’s instructions. If these are not available it is recommended that they are serviced annually unless advised otherwise by a Gas Safe registered engineer
2. Ensure an annual safety check is carried out on each gas appliance/flue. Before any new lease starts, a landlord must make sure that these checks have been carried out within one year before the start of the lease date, unless the appliances in the property have been installed for less than 12 months, in which case they should be checked within 12 months of their installation date
3. Have all installation, maintenance and safety checks carried out by a Gas Safe registered engineer; keep a record of each safety check for at least two year.
4. Issue a copy of the latest safety check record to existing tenants within 28 days of the check being completed, or to any new tenant before they move in (in certain cases there is an option to display the record).
What type of property is covered?
The duties generally apply to appliances and flues provided for tenants’ use in ‘relevant premises’, that is those occupied for residential purposes under either a license, a tenancy agreement for a set term, or a lease as defined in the Regulations. Essentially any lease under seven years is covered.
What if an appliance fails the safety check?
The safety check record will contain details of any defect identified and remedial action taken. A landlord must ensure that any safety defect is rectified (by a Gas Safe registered engineer) before the equipment is used again. Copies of work done to rectify defects identified by the safety check should be kept. It is an offence to use, for a tenant or a landlord to allow the use of, a gas appliance known to be unsafe. In no circumstances should a tenant or landlord reconnect an appliance that they have been told is unsafe, which either has been isolated or disconnected for safety reasons, until the fault has been rectified.
Detecting Carbon Monoxide
1. If you notice that gas flames are burning in orange and yellow, when previously they were blue
2. If you spot soot stains above or even on fuel burning appliance (like your boiler).
3. If you suspect that the coal or wood fires are burning very slowly or going out
4. If you are having difficulties lighting a fire
5. If the room is not ventilated properly
6. If you suspect that the chimney or flue is blocked
More urgent symptoms are to do with you personally. You might feel tired, dizzy, drowsy, or if you have headaches, chest pains or nausea, if these symptoms occur along with one of the above symptoms.
What action do I take in the event of a gas escape?
If you smell gas, or suspect there is a gas escape, or a carbon monoxide leak, you should immediately do the following:
1. Open all doors and windows.
2. Shut off the gas supply at the meter control valve (if you know where it is). If gas continues to escape call National Grid on the Gas Emergency Free phone Number 0800 111 999.
3. Make sure that any investigations or repairs are carried out by a Gas Safe registered engineer.
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