The Gas Safety (Installation and Use) Regulations (GSIUR), place duties on landlords and their managing agents in “ relevant premises” in the private and public sectors, to ensure that all gas installation pipework, gas appliances and flue systems owned by them, are maintained in a safe condition. This duty was placed on landlords/managing agents to protect tenants from suffering due to faulty and poorly maintained gas appliances.
“Relevant premises” include residential premises provided for rent by local authorities, housing associations, private sector landlords, housing co-operatives hostels, colleges and universities. Rooms let in bed-sit accommodation, private households, including bed and breakfast accommodation, rented holiday accommodation such as chalets, cottages and flats. caravans and narrow boats on inland waterways are also covered under the regulations.
Note: The list of relavent premisis is actually quite extensive and landlords may need to seek further advice to ensure that they comply with the regulations.
The duties of the landlord extend to any flue or chimney, which serves any “relevant gas fitting,” which the tenant would not be entitled to remove from the premises once they vacate.
Note: Pipework and appliances are defined as relevant gas fittings.
The duties of the landlord also extend to appliances. e.g. central heating boilers, where the appliance is located remotely from residential areas but provides heat to the residential areas of the property. This applies even though the tenant may not have access to the appliance or flue. Areas such as bars, restaurants or sitting rooms in a hotel would also be covered if these were served by, for example, a gas fire for the residence’s benefit.
The duties of the landlord do not extend to appliances owned by the tenant. However, landlords or their agents have a ‘Duty of Care’ under Section 3 of the Health and Safety at Work etc. Act (HSWA) to maintain a flue system serving a gas appliance owned by the tenant. This places an obligation on the landlord to ensure that any chimney of flue that serves a tenant’s own appliance is maintained to effectively remove products of combustion safely. This might mean implementing a programme of routine maintenance.
Note: Gas appliances left in the property by the outgoing tenant (e.g. gas fires and cabinet heaters), after the tenancy agreement has finished, would become “relevant gas fittings” as defined by the GSIUR if left for a new tenant to use and will need to be maintained and safety checked.
In order to comply with the Regulations, landlords/managing agents need to ensure that installation pipework, appliance and where applicable, their flues, are checked for safety intervals of not more than 12 months.
Note: A newly installed appliance does not require a Landlords Gas Safety Record for the first 12 months following installation. However, it would be deemed good practice to include the appliance on any record that is issued during the first 12 months of installation, especially in the case of residential park homes, leisure accommodation vehicles and boats, which are hired out in the course of a business e.g. holiday homes.
In addition to keeping written records of these checks for two years, landlords/managing agents are also required to do the following:
Gas operatives should ensure that they are aware of their own responsibilities. If a gas operative has reason to suspect that an appliance/installation is not safe to use (e.g. ‘Immediately Dangerous’ (ID) or ‘At Risk’ (AR)), the current CORGI Gas Industry Unsafe Situations Procedure should be followed.
In addition, gas operatives should have sufficient equipment to undertake all necessary test (e.g. smoke pellets, smoke matches, leak detection fluid (LDF), etc).
When any work is carried out in relation to gas appliances and other gas fittings covered by this Part, gas operatives must be competene for each work activity that they wish to undertake. A valid certificate must have been issued under the National Accreditation Certification Scheme (ACS) for individual gas fitting operatives or the Gas Services S/NVQ that has been aligned with ACS.
When instructed by a landlord/managing agent to carry out a landlord’s gas safety record check, gas operatives need to produce a record of the check which includes items 1 to 9 as follows. Failure to do so will prevent the landlord/managing agent from proving compliance with the GSIUR.
The CORGI Landlord/Home Owner Gas Safety Record Form, meets the requirements of the GSIUR.
CORGI provides these in pads of 50 forms, printed on “no carbon required” (NCR) paper with three copies:
WHITE copy – Landlord/Managing Agents/Home Owners
GREEN copy – Tenant
YELLOW copy – Installer/Gas operative
A cover to the pad incorporates notes for satisfactory completion of the form The forms are numbered so that they can be easily traced and filed. Note: The CORGI Gas Safety Certificate from also meets the requirements of the GSIUR and can be used when undertaking landlord’s gas safety inspection
The name of the CORGI registered company, registered gas operative carrying out the safety check and the address, telephone number and CORGI registration number of the company are also required The form needs to be signed and dated by the registered gas operative who carried out the safety check
The name, address and telephone number of the property where the inspection is being/was carried out should be entered here
The name, address and telephone number details of the landlord, or where appropriate, their managing agent should be entered here