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
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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