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Landlords and the Coronavirus Emergency – gas safety

March 30, 2020 by Tessa Shepperson

CoronavirusA series of posts giving advice and guidance to private residential landlords during this coronavirus emergency period.

2. What to do about gas safety checks?

A large percentage of rented properties have gas appliances and are therefore subject to the gas safety regulations.

These provide for gas pipework, flues and appliances to be maintained in a safe condition and in particular for properties to be inspected by an installed registered with the Gas Safe Register every 12 months.

But how can that the reconciled by the need for us all to stay in our homes in the national effort to prevent infection and protect the NHS?

What the law requires

The law requires landlords to arrange for the check on an annual basis, although now checks during the last two months of the checking period will not affect the anniversary date for the checking.

Landlords then need to provide a copy of the certificate to tenants (and given to new tenants before they move in otherwise section 21 will become unavailable to them) and to arrange for any repair work to be done at their own expense.  Although the cost may be recouped from the tenants later if the damage can be proved to be down to them.

These rules have not changed and it is a criminal offence for landlords to fail to comply.  However, there are two potential excuses:

1 Tenants refusing to allow access

It is actually not uncommon for the tests not to go ahead as some tenants refuse to allow access.

The regulations do not address this, but the website of the Health and Safety Executive (which enforce the regulations) states in their FAQ “How far need I go if the tenant prevents access for a gas safety check”:

A landlord has to show that they took all reasonable steps to comply with the law. HSE recommends the following best practice in these circumstances and strongly advises that a record be kept of all correspondence with the tenants:

  • leave the tenant a notice stating that an attempt was made to complete the gas safety check and provide your contact details;
  • write to the tenant explaining that a safety check is a legal requirement and that it is for the tenants own safety. Give the tenant the opportunity to arrange their own appointment;
  • HSE inspectors will look for at least three attempts to complete the gas safety check, including the above suggestions; however, the approach will need to be appropriate to each circumstance. It would ultimately be for a court to decide if the action taken was reasonable depending upon the individual circumstances.

So if the landlord can show that the tenant refused access – for example, because they were self-isolating – they will have a defence in the unlikely event that the HSE were to prefer charges.

2 No installers available to do the work

However, even if the tenants allow access, depending on where you are, you may struggle to find a gas inspector willing to do the inspection.

This situation is not contemplated by the regulations on but a practical basis if there are no installers available to carry out inspections, landlords cannot be held responsible for the inspections not being carried out.

Things to do:

  1. Write to your tenants
  2. Check to see when inspections will be possible
  3. Keep a record

1 Writing to your tenants

If you are writing to notify tenants that you will not be carrying out the inspection due to the lockdown and the fact that your installer is not able to carry out the inspection – you should ask your tenants to let you know immediately if there are any worrying signs – you could direct them to the Gas Safe Register advice page on carbon monoxide poisoning.  If there is a serious problem this needs to be dealt with and you should be able to find an engineer in those circumstances.

After all, there is not much point in preventing Covid-19 transmission if the parties are then blown up in a gas explosion or die of carbon monoxide poisoning.

If an inspection is possible – for example, if you have a gas installer willing to carry out the inspection, then it will be up to your tenants to decide if they are happy for you to carry out the inspection.  If they would prefer not, for example, if they are self-isolating, then ask them to confirm this in writing and keep it with your records.

2 Checking to see when an inspection will be possible

If you are unable to do the inspection at the moment, then check with your tenants from time to time.  Once you have made three documented attempts to make an appointment you are safe from prosecution.  But you should try to make an appointment as soon as possible after the lockdown has ended.

3 Keep records

Make a note of all your actions:

  • Letters sent and received from tenants
  • The dates and times when you checked the Gas Safe Register website to inform yourself, and
  • Set down your reasoning for whatever you decide to do (or not do)

As discussed in the post on record keeping.

And finally

If for any reason a gas safety inspection has to be carried out during the lockdown period, it is essential that you

  • practice social distancing,
  • use personal protective equipment and
  • wash hands frequently with soap or use alcohol hand sanitising gel.

The Gas Safe Register Covid-19 advice page is here.

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Filed Under: News and comment Tagged With: coronavirus, Gas Safety

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IMPORTANT: Please check the date of the post above - remember, if it is an old post, the law may have changed since it was written.

You should always get independent legal advice before taking any action.

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About Tessa Shepperson

Tessa is a specialist landlord & tenant solicitor and the creator of this site! She is a director of Landlord Law Services which now hosts Landlord Law and other services for landlords and property professionals.

« Government Guidance for Landlords and Tenants during the coronavirus emergency
Can a tenant claim a refund of rent paid in advance when cancelling early? »

Comments

  1. Peanutte says

    March 30, 2020 at 6:47 PM

    The goverment added 6 months to MOTs after 1 April.
    I wonder if they might consider doing something similar with gas safety checks. Perhaps 3 months.

  2. Michael Barnes says

    March 31, 2020 at 4:17 PM

    So, what your are saying is in effect landlords are stuffed.

    If they cannot get a gas engineer to visit, then there may be no defence in law to not having a valid GSC under the regulations AND they will be unable to issue a S21 notice.

    • Tessa Shepperson says

      March 31, 2020 at 4:23 PM

      No, I think there will be a defence on law to not having a GSC.

      If it is impossible to find an engineer and the landlord keeps a record of this and gets the GSC done asap when this is all over, I think it most unlikely that the HSE would prosecute. If they did I can’t see a conviction and I think the HSE would be severely reprimanded for prosecuting in those circumstances.

      The section 21 point though is, sadly, correct. But only for new tenancies if there is no current GSC.

  3. Peanutte says

    March 31, 2020 at 6:49 PM

    My gas engineer is not doing any gas safety checks, so I tried British Gas.
    There is a specific phone number on their website to apply for the landlord checks.
    I rang, but got a recorded message saying that the office is now closed.
    If we can’t even get British Gas, I don’t think there is much hope of getting anyone else.

Posts

  • Government Guidance for Landlords and Tenants during the coronavirus emergency
  • The Lockdown Learning Project
  • Free Accommodation Websites for NHS staff during the coronavirus emergency

 

Information Posts on:

  • Keeping Records
  • Gas Safety
  • House moves
  • Property viewings
  • GDPR and Data Protection

 

Webinars

  • Landlord Law Webinar on Coronavirus and what Landlords need to Know (24 March 2020)
  • Letting Property during the Coronavirus Emergency – Two Webinars
  • Dealing with Lettings during the Coronavirus Emergency (9 April 2020)

 

Blog Clinic Posts

  • Do tenants risk penalties if they are unable to vacate at the end of their notice period?
  • Desperate landlord needs her home back but tenants are refusing to vacate
  • Accidental landlord asks what he can do when his tenants leave before the tenancy ends

Disclaimer

The purpose of this blog is to provide information, comment and discussion.

Although Tessa, or guest bloggers, may from time to time, give helpful comments to readers' questions, these can only be based on the information given by the reader in his or her comment, which may not contain all material facts.

Any comments or suggestions provided by Tessa or any guest bloggers should not, therefore be relied upon as a substitute for legal advice from a qualified lawyer regarding any actual legal issue or dispute.

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