Landlords and their agents have a statutory duty to:
Ensure that all commercial gas appliances, fittings and flues are maintained in a safe condition. This means that you should have all gas installations and appliances serviced regularly plus keep a checkable record of the gas services carried out.
Ensure a commercial safety check is carried out on all gas appliances and flues annually or before the start of a new tenancy.
Make sure commercial gas installations and appliances are checked before a new tenancy is started regardless of wether a safety certificate is current.
Have all installation, maintenance and safety checks carried out by a Gas Safe registered engineer only.
Keep a record of each commercial gas safety check for 2 years as this will be issued by the registered Gas Safe gas installer/inspector.
Give each current tenant a copy of the Gas Safe installer's safety check report within 28 days of the safety check, or to new tenants before occupation.
Tenants should ensure their property has :
An up to date, current Landlord Gas Test Safety Certificate.
Safe, well maintained gas installations and appliances
A record of regular appliance servicing carried out by a Gas Safe registered installer
Make sure occupiers have easy access to the gas meter and cut-off valve.
Ensure your tenants know that they must turn off the gas supply to the property and call TRANSCO on 0800 111 999 if they suspect a gas or carbon monoxide leak.
Stress to tennants that repairs to gas appliances are not to be carried out by themselves
With reasonable notice, advise your tenants that you will need to get access to the property to carry out the necessary safety checks and maintenance to the gas appliances.
Ensure tenants are advised not to use any gas appliance they think is unsafe.
Attempt to or allow anyone other than a Gas Safe registered engineer to maintain or repair gas installations or appliances
All commercial landlords who rent out property have to have a valid Gas Safe gas safety certificate. This certificate is valid for 12 months or until the tenency changes hands and can only be given by a Gas Safe registered gas engineer.
The engineer has to check these ares in order to issue a gas safety cartificate:
> The gas supply
> Gas appliances
> Gas flues
Landlords are required to keep copies of the inspection report and certificate and should keep records of any works carried out. You may ask for a copy if needed.
If a problem is found by the engineer, the landlord is required to fix them using a Gas Safe register gas engineer. Failure to do this or failure to provide a current gas safety certificate can be a criminal offence which may lead to prosecution by the Health and Safety Executive.
The gas engineer has the power to seal off any faulty equipment or request the gas company (TRANSCO) to cut off the supply to the property.
New gas appliances
New appliances must always be FITTED and commissioned by a registered Gas Safe gas engineer (unless carried out by the home owner him/her self who can PROVE competency (i.e.: is gas trained and qualified).
What if the landlord doesn’t comply?
If a landlord does not have a valid gas safety certificate, or does not carry out required repairs, the Health and Safety Executive (HSE) has the power to prosecute. Failure to follow gas safety requirements is a criminal offence and may result in fines or imprisonment.