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The Gas Safety (Installation & Use) Regulations 1998 place a statutory duty on all landlords of residential property to ensure that all gas appliances; pipe work and flues are maintained in a safe condition. They particularly seek to avoid the escape of carbon monoxide poison, which is silent, odorless and deadly, and require that:

• All let properties must have at all times a valid Gas Safety Record, even if the gas supply consists only of a capped off gas pipe where all other pipe work and appliances have been removed.

• Before a tenant takes occupation; the gas appliances and pipe work must be checked by a Corgi registered engineer who must provide the landlord with a Gas Safety Record  (the landlord must provide the tenant(s) with a copy of that safety record at the start of the tenancy.

• A gas safety check must be carried our annually and the tenant(s) provided with a copy of the safety record within 28 days of the check being carried out (this does not mean you have a 28 day grace period between a Gas Safety Record expiry and a new record being issued).

• The landlord must keep a copy of each Gas Safety Record for at least two years.

 

 

Letting agents, if used, are also liable under the regulations to ensure that the Gas Safety Record is in place and all equipment and appliances comply.

Non-compliance with the safety regulations is criminal offence and carries monetary penalties or imprisonment or both. In the event of a death, charges could extend to manslaughter. If the property is found to be unsafe or in breach of any of the safety regulations. The landlord and agent, depending on the circumstances, can be held responsible for the consequences.

It may be a defence to any prosecution that the landlord or letting agent concerned took all reasonable steps and exercised all due diligence to avoid committing the offence.

From April 2005, it will be necessary to register any new gas installation in a residential property with Corgi who will then issue a declaration of safety which will from part of the house seller’s information pack which everybody marketing a property will need to prepare as from 2007.

Please visit this link for more information: Landlord Zone