Landlords

The Landlord’s CP12 Certificate
"A landlord shall ensure that each appliance and flue is checked for safety within 12 months of being installed and at intervals of not more than 12 months since it was last checked for safety. And, ensure that a record in respect of any appliance or flue so checked is made and retained for a period of 2 years."
Gas Safety (Installation and Use) Regulations 1998

Landlords - A guide to Landlords' Duties: Gas Safety (installations and Use) Regulations 1998

Landlords must ensure that installation pipe work, gas appliances and flues provided for tenants are maintained in a safe condition and that an annual safety check is carried out on each appliance and/or flue that Landlords provide for tenants use.

The Law

The principal laws concerning Gas safety and installation are the results of various Acts of Parliament. The latest Statutory Legislation is the Gas Safety (Installation and Use) Regulations 1998.

These regulations concern themselves with all work on Gas Fittings, including Pipe work, Appliances, Ventilation and the extract of all Flue Gases, so as to ensure the public is protected from any dangerous situations which may arise.

The Key Details of the Regulations:

Applies to Landlords and Managing Agents for any let or part let residential property
Requires all gas appliances and installation pipe work in every let or part let property to be checked at intervals not exceeding twelve months by an engineer approved by the Health & Safety Executive (HSE) (currently only CORGI) who on completion authorises the issue of a safety certificate.
Gives the Tenant the right to inspect the certificate
Applies to individual Landlords, Local Authorities, Property Companies, Housing Associations, Charities and any other individuals or corporate bodies who are Landlords of residential properties.
Includes rooms which are let, self-contained flats and houses
The Only exemptions are temporary buildings, unless they are used for residential purposes or as sleeping accommodation, and properties with an HSE exemption certificate

Properties and Systems to Which the Regulations Apply:

Any let or part let residential property where gas appliances or installation pipe work is installed
Applies to all gas appliances including boilers and cookers owned by the Landlord
Applies to natural gas and LPG systems
Applies to communal systems in blocks of flats where one or more flats is let
Applies to portable gas appliances

Problems Over Access to the Property:

The Regulations are specific in that it is the responsibility of the Landlord to ensure that all gas appliances and installation pipe work are checked at minimum intervals of twelve months

The Penalties for Non-Compliance:

Landlords can be convicted, and so can Managing agents if they are in breach of their management agreements to maintain gas appliances
Breach of the regulations is a criminal offence
The HSE are empowered to bring proceedings
Penalties for non-compliance can bring fines of up to £20,000
Non-compliance could imply responsibility for any gas related incident through negligence
Liability for an incident could bring charges for manslaughter in very severe cases leading to substantial fines or even imprisonment Insurance cover may well be invalidated by failure to comply with the Regulations

For further information visit the HSE website - CLICK HERE