GS(IU)R 98 defines a landlord as someone who leases out their property under a lease of fewer than seven years or a licence following the regulations. Landlords may be deemed landlords regardless of whether or not they fall within the definition of GS(IU)R. 98.
Many types of rental property fall within the purview of landlords, including, but not limited to:
- Inland waterways have long been a popular destination for vacationers looking for a place to call home away from home. Many different housing options are available, from public housing to private sector landlords to housing co-ops to bed-and-breakfast inns and hostels.
If a lifelong lease is in place, am I liable?
The landlord is not liable for landlord gas safety certificate safety tests, and maintenance if the lease is for more than seven years or for life. Maintenance and landlord gas safety certificate inspections should be carried out as part of your work even if you have an implied tenancy agreement.
Is it possible for the landlord to do safety checks on a property?
Any landlord gas safety certificate issue, maintenance or safety checks that need to be carried out should be included in your rental agreement with your renter. Entering the property with force is strictly prohibited. Detailed information may be found in Gas Safety (Installation and Use) Regulations 1998 rule 39.
There must be proof from the landlord that they made all reasonable efforts to comply with the law.
A record should be kept of all correspondence with the renters, which recommends the following procedures.
- Make sure to leave a note with your contact information and a statement that a gas safety check was attempted and landlord gas safety certificate was issued.
- The renter should be informed that a safety check and landlord gas safety certificate are legal necessities and protection. Allow the tenant to choose a time that works best for them.
- Attempts to conduct the gas safety check using the above methods and others will be scrutinised by inspectors; nonetheless, each situation necessitates a different strategy. If a court finds that the conduct was reasonable in light of the particular circumstances, that decision would be final.
Does it matter if I’m co-owner of my home with another real estate company?
GS(IU)R 98 does not apply to landlords who have joint ownership of a property and whose lease is for more than seven years, as long as they do not have landlord’s responsibilities. The same obligations as a homeowner apply in this scenario.
Leasing companies are considered landlords under GS(IU)R 98 when their leases are less than seven years. It is important that the contract between you and the housing firm states who is liable for domestic gas safety.
What happens if I sublease my property?
For gas safety inspections, you are still the original landlord. If your renter is subletting, you cannot delegate this obligation to them. You and your renter must define who is responsible for conducting the gas safety inspection and acquire a landlord gas safety certificate if your property is completely sublet.
The ‘original’ landlord may have obligations that overlap with those of the person who sublets in the event of sublet accommodation. It is critical for the parties involved to work closely together and delineate duties under contractual agreements to complete all requirements.
There are no requirements under regulation 36 for licensors (sometimes known as subletters) of properties that are also tenants in such premises. Therefore, a tenant who allows others to use their apartment in exchange for rent does not acquire obligations under the code; it remains the landlord’s responsibility to get a landlord gas safety certificate.
If you are not the building owner but rather a landlord, what do you need to do?
Any shared gas appliances, flues, and pipelines that your tenants may use must be properly maintained and monitored for safety as part of your arrangements with the building owner. You should also ensure that you and your Gas Safe qualified engineer who does maintenance and yearly checks in your property has proof of these checks and give your landlord gas safety certificate.
What am I expected to do as a landlord in terms of gas safety?
Apart from getting a landlord gas safety certificate, you must ensure the well-being of your renters as a landlord. It is the responsibility of landlords to ensure that gas appliances, fixtures, and flues delivered to renters are safe, as outlined in the landlord gas safety certificate (Installation and Use) Regulations of 1998.
The rent includes appliances, fixtures, and flues in a common space that renters may utilise. If a Gas Safe licensed engineer instals appliances or pipelines for your tenants’ use, you are responsible for their upkeep and repair. While there isn’t a set amount of time allotted for these responsibilities, a decent rule of thumb is to do yearly maintenance inspections and make repairs as needed.
After installing a new appliance provided by you, an annual gas safety inspection must be carried out by a Gas Safe Registered engineer within 12 months and annually afterwards. With that, it must come with a landlord gas safety certificate. Each renter must receive a copy of the landlord gas safety certificates within 28 days of the check being conducted, and any new tenants must receive a copy before moving in.
It is possible to perform the annual gas safety check and get landlord gas safety certificate on each appliance or flue up to two months before the date when the check is required under the Gas Safety (Installation and Use) (Amendment) Regulations 2018; however, the original deadline date will be retained as if the check had been performed exactly 12 months after the previous check.
Is it possible to delegate maintenance and gas safety inspections to my tenants?
Contracts between landlords and tenants for installing an appliance in a non-residential area of a building, such as a shop or public house, are not required. Your renter has a responsibility not to use a potentially hazardous appliance. The renter cannot assume these obligations under a tenancy arrangement, such as a complete repairing and insuring lease.
What if I hire a property manager or a letting agent?
The management contract should clearly state who is responsible for getting landlord gas safety certificate and making arrangements for maintenance and safety inspections if a managing agency is engaged to assist you in fulfilling your responsibilities. Your other legal obligations can be fulfilled by requesting to see proof that all required upkeep and safety checks have been performed.
Which gas appliances are within my purview?
Your legal responsibilities include acquiring landlord gas safety certificate maintenance for your tenant’s usage. The gas appliance itself is not your responsibility if a renter brings their own; nevertheless, you may be held liable for components of the installation and pipes that go along with it.
When it comes to appliances owned by renters, there are many best practices you may follow.
Tenants’ appliances should be tested and maintained by a Gas Safe, licenced engineer every year. If feasible, incorporate these services (at a fair cost) in the gas safety maintenance you provide on behalf of the renter.
Any flue or chimney not suited for a gas appliance should be informed to the renter before they move in. The leasing agreement terms may also allow you to restrict the installation of any appliances by a renter.
The landlord gas safety certificate and landlord’s gas safety inspection should also cover any flues (e.g. chimneys) linked to gas appliances, even if such items aren’t the landlord’s as part of the Health and Safety at Work etc. Act 1974, this may assist fulfil additional legal obligations.
If you have a flexible bayonet fitting, you can move your free-standing cooktops to clean the area they typically occupy. However, this sort of activity does not fall within the definition of ‘labour’ in these Regulations.
A Gas Safe qualified engineer is required to do any other sort of installation or reinstallation that involves the use of gas.
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