Re: Autumn 2016 | Page 34

Landlord Advice from Simon Keeler Gas safety issues If a residential landlord lets a house where there is a gas supply then he or she must have a clear understanding of their responsibilities in relation to gas supply and appliances. These responsibilities are set out in the Gas Safety (Installation and Use) Regulations 1998 and the Smoke and Carbon Monoxide Alarm (England) Regulations 2015. In brief these regulations make it mandatory that gas appliances are maintained in a safe condition at all times and failure to do so is a criminal offence. If as a landlord you are using an agent beware that you are ultimately responsible for complying with the regulations. The agency agreement should make it clear who is responsible for the maintenance and safety checks. Capita is now responsible for the registration of gas installers under the brand, ‘Gas Safe Register’ and failure to use a registered installer is illegal. You can always check if your installer is registered by asking them to show you their Gas Safe ID card. Most tenancy agreements should prevent portable or mobile gas appliances from being used at any let property and if the house has a gas fire of more than 14-kilowatt heat output in a room intended for sleeping 32 accommodation then then the appliance must be room-sealed. Some properties, including my own flat which was purchased ten years ago, have been built with boiler flues which cannot be inspected because they are hidden behind walls or ceilings. Since the flue needs to be inspected easily it may be necessary to have inspection hatches installed. Such hatches are unlikely if the boiler is fixed to an external wall but if not and there are no inspection hatches when they are required then a Gas Safe registered engineer has the power to turn the boiler off. Although tenants have a duty to report any defect and not use an appliance that is known or thought to be unsafe the main responsibilities are on the landlord. It is the responsibility of the landlord to ensure that inspection hatches are installed if necessary and that the boiler is checked within 12 months of being installed and then at least every twelve months by a Gas Safe registered installer. In brief a landlord should: • Maintain appliances in accordance with manufactures instructions • Provide the tenant with a copy of the safety check record or certificate before they move in or to an existing tenant(s) within 28 days of it being carried out • Keep a record of the safety check made on each appliance, and all other gas work, for two years • Install a Car bon Monoxide alarm in properties with gas, oil or solid fuel appliances and check them regularly. These will need to be fitted on every floor where there is a room used as living accommodation. • Ensure the tenant is aware of the location of the emergency shut off valve to their accommodation and how it is operated. Right to Rent Checks We see many landlords purchasing properties to let and it is important that landlords, letting agents and tenants of private rental residential properties are aware of the Immigration Act 2014. From 1 February 2016 this Act places new restrictions on illegal immigrants accessing private rented accommodation and it falls to landlords to carry out ‘Right to Rent Checks’ to identify if a potential tenant has the right to reside in the UK. Whoever authorises occupation of the accommodation will be responsible for conducting the checks to ensure that all adult occupiers living at the property, whether or not they are named on the tenancy agreement, have the right to reside in the UK. Landlords can instruct their agents to undertake checks on their behalf but will need to ensure that a written agreement exists clearly transferring this responsibility. The tenant needs to provide the landlord or letting agent with evidence of their right to rent and a Code of Practice details the lists of accepted documents. Although there are some exemptions from the Right to Rent Checks residential tenancy agreements granted to students by private landlords are not exempt and will be subject to the same requirements as for all other tenants. There are penalties where tenants are found to be in occupation without having the right to rent and minimum is currently £1,000. It is important that anyone considering purchasing a property with a view to letting it is aware of risks and obligations associated with being a landlord. By Simon Keeler