Gas Safety Certificate (GSC)
Gas Safety
Landlords must ensure that:
- all gas appliances and fittings are maintained in good order
- that gas boilers get an annual safety check - carried out by someone who is registered with the Gas Safe Register
- a record of the safety checks is kept and issued to the tenant within 28 days of each annual check
The occupier is responsible for maintaining gas appliances which they own, or are entitled to take with them at the end of the letting
Gas safety is a very important factor in maintaining a safe home and environment. The dangers that surround unsafe gas appliances are extremely serious. Poorly maintained, faulty or badly installed gas work leads to carbon monoxide poisoning, the effects of which can be fatal.
It’s not always easy to spot an illegal gas fitter for a fully qualified Gas Safe registered engineer. You should always ask to see the gas engineer’s Gas Safe Register ID card to make sure they are safe and legal. Anyone carrying out gas work must have a Gas Safe Register ID card. If not, they are breaking the law and putting you and your tenants at risk. You should then check their credentials on the Gas Safe website.
You should always use a Gas Safe registered engineer to carry out gas work safely and legally in your property.
What gas work needs to be done by a registered engineer?
All gas work carried out in the property and in certain commercial premises should be carried out by a Gas Safe registered engineer. Gas work includes:
- installing, repairing or servicing a gas boiler
- installing or repairing a gas fire, gas cooker or hob
Not all gas engineers are qualified to do all types of gas work. Check what type of work your gas engineer is qualified to do.
What about DIY?
When it comes to gas, under no circumstances should you attempt to do it yourself. You will be putting yourself and your tenants at risk of serious danger from carbon monoxide poisoning and gas explosions.
Landlords’ obligations
Landlords have legal obligations when it comes to gas safety. Landlords’ legal duties apply to a wide range of accommodation including:
- residential premises provided for rent by local authorities, housing associations, private sector landlords, housing co-operatives, hostels
- rooms let in bed-sit accommodation, private households, bed and breakfast accommodation and hotels
- rented holiday accommodation such as chalets, cottages, flats, caravans and narrow boats on inland waterways
All work carried out on gas appliances and fittings must be carried out by a Gas Safe registered engineer in all properties.
Only room sealed appliances may be installed in a bathroom.
No instantaneous water heater may be installed in any room unless it is room sealed or has a safety device fitted.
Where a gas meter is installed in a lockable box, the installer must supply a labelled key.
The installer or engineer must carry out a series of set tests after carrying out any works on a gas appliance.
Any person who installs a gas appliance must leave manufacturer’s instructions for the occupier of the property.
The person responsible for the property shall not use nor permit to be used any known faulty gas appliance.
A person carrying out works to a property shall ensure that the safety of the gas appliances and supply is not affected.
No person shall install a flue unless it is in a safe position.
Where there is an escape of gas or CO, the occupier, landlord or agent shall take reasonable steps to ensure that the escape is minimised or shall immediately inform the gas company. The Emergency Gas telephone number is 0800 111 999
Furthermore, the regulations specific to rented properties state the following:
- MAINTENANCE: that the landlord ensure that all gas appliances, flues and associated pipe work are maintained in a safe condition at all times.
- ANNUAL SAFETY CHECK: Gas appliances and flues in rented accommodation must be checked for safety within twelve months of being installed and thereafter at least every twelve months by a Gas Safe registered engineer
- NEW TENANCIES: before any tenancy or lease commences, it must be ensured that the gas safety check has been carried out on each appliance and flue within the twelve month period before the tenancy commences or has been or will be carried out within twelve months after the appliance or flue was installed, whichever is the later.
- TENANT’S APPLIANCES: appliances owned by the tenant are defined as those appliances which the tenant is entitled to take away upon terminating the tenancy. It is not the landlord’s duty to have the tenant’s appliances tested.
- RECORDS: The Regulations require the landlord or his agent to keep a record of all safety checks on each appliance and flue. The record must include the prescribed information which includes the date of the check, the address of the premises checked, the name and address of the landlord or, where appropriate, the agent, the description of the appliance/flue checked, any defect identified, any remedial works undertaken, confirmation that the check complies with the Regulations and the name and Gas Safe registration number of the person doing the check. The Gas Safe Gas Safety Record Form should be used for this purpose. Records must be kept for a minimum of two years.
- GAS CERTIFICATE: a copy of the safety check record or certificate must be given to the new tenant before the tenant occupies the premises. Also a copy of the new record must be given to the existing tenant within 28 days of the check. Please note that a copy must be given to each and every tenant.
- CONTRACTING OUT: a landlord or his agent cannot at any time contract out his obligation to ensure the safety of the gas appliances and flues in the property. Therefore, a landlord or his agent cannot place the responsibility upon the tenant to have the safety checks carried out.
PENALTY AND ENFORCEMENT:
The maximum penalty imposed in a Magistrates Court for non-compliance is a fine of £5,000. Note however, that where injury or death occurs due to the non-compliance, an unlimited fine and or custodial sentence may be imposed
Understanding the law for rental accommodation
Landlords letting property equipped with gas appliances need to understand and comply with the law relating to gas safety. If you let a property, you must make sure that pipe work, appliances and flues provided for tenants are maintained in a safe condition. You need to have a gas safety check every year. A Gas Safe registered engineer must carry out the safety check in your properties. You must give your tenants a copy of the gas safety record within 28 days of it being carried out or before they move in. You are also obliged to show your tenants how they can turn off the gas supply in the event of a gas leak.
Annual checks
You are legally responsible for making sure that a Gas Safe registered engineer checks the gas appliances in your rental properties every twelve months and gives you copies of the gas safety records.
Gas safety records
When your Gas Safe registered engineer has checked the gas appliances in your rental property, they will give you a gas safety record. This record confirms that the gas appliances have been checked and are safe. You must give your tenant a copy of these gas safety records within 28 days of the checks being done, or give a copy of the gas safety record to a new tenant before they move in.
Remember, you must keep a record of each safety check for two years.
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