Business Marketing Journal, Business News, Business Directory, Social Media Management, Content Writing, Advertising, Global Digital Marketing For All Industries. Thinking Local, Acting Global.

Category: PRIVATE LANDLORDS

Private Landlords

Can Landlords Delegate Annual Gas Safety Checks with a Tenant?

Annual Gas Safety Checks.

Can a landord delegate gas safety checks and maintenance with a tenant.

The answer is NO.

https://www.hse.gov.uk/gas/domestic/faqlandlord.htm

Landlords Obligations.

Regardless who bought or installed the appliance it is still the landlords responsibility to make sure the appliance is safe to use, as he has the responsibility of all the occupants in his property and adjacent properties to make sure there are no faults.

A gas engineer or landlord should not expect the tenant to pay for a Gas safety check on the tenants appliance if the tenant is paying rent to include maintenace and services.

If the appliance developed a fault and caused an accident the landlord would be liable and at fault for not having a gas safety check done. Not only is he/she safeguarding his/her tenants he is also safeguarding his property. The landlords building insurance would be null and void if he did not have a gas safety check on an appliance fitted by him/herself or the tenant.

Furthermore if a gas engineer tries to say that he will not be doing a gas safety check because it is the tenants appliance, then the gas engineer is at fault as all gas appliances have to be checked regardless who bought them.

For further information visit:

https://www.hse.gov.uk/gas/domestic/faqlandlord.htm

According to Gas Safe Register.

It is the tenants responsibility to do an annual gas safety check on their Gas Cooker, which contradicts the hse.gov.uk website FAQ.

This is the screenshot of the email I received from Gas Safe Register today:

https://www.gassaferegister.co.uk/contact-us/

GAS SAFE REGISTER

Gas Safe Register website also mentions they are governed by HSE screenshot below that it is the tenants responsibility to make sure their appliance is in good working order and have an annual gas safety check.

https://www.gassaferegister.co.uk/help-and-advice/renting-a-property/information-for-landlords/

According to the Law:

Under section 11 of the Landlord and Tenant Act 1985, the landlord is responsible to:

  1. to keep in repair the structure and exterior of the dwelling, including drains, gutters and external pipes,
  2. to keep in repair and proper working order the installations in the dwelling for the supply of water, gas, electricity and for sanitation (including basins, sinks, baths and sanitary conveniences.
  3. to keep in repair and proper working order the installation in the dwelling for space heating and heating water .

Gas.

Gas safety is at a highest priority in rented properties. All gas appliances, fittings, installations, pipes and flues must be kept in perfect working condition.  This applies to communal and private areas, regardless of whether tenants have access.

All landlords are required to arrange an annual gas safety check by a Gas Safe registered engineer. They must earn a gas safe certificate or make improvements prior to letting to tenants. The certificate must be made available to every tenant prior to moving in and must be kept for at least two years.

It is absolutely illegal for anyone to knowingly use unsafe gas equipment. Treat the matter with highest regard ! Always require the gas safety certificate prior to renting a property.

https://www.legislation.gov.uk/ukpga/1985/70/section/11

Carbon Monoxide Alarms.

From 1 Oct 2015 the Smoke and Carbon Monoxide Alarm Regulations 2015 came into force, which means all private rented sector landlords have an obligation by law to have at least one smoke alarm installed on every floor of their properties and a carbon monoxide alarm in any room where solid fuel is used. 

For more information on licensed landlords in Wales please visit:

https://www.rentsmart.gov.wales/en/home/

For information about Carbon Monoxide Alarms (I assume if the law has been passed in England then it should also apply to Wales Scotland and Ireland):

https://www.gov.uk/government/publications/smoke-and-carbon-monoxide-alarms-explanatory-booklet-for-landlords/the-smoke-and-carbon-monoxide-alarm-england-regulations-2015-qa-booklet-for-the-private-rented-sector-landlords-and-tenants

For Piece of Mind if I were a Landlord for the sake of £15 to £30 per household I would fit a Carbon Monoxide Alarm. It is just common sense.

FINAL THOUGHTS.

There is some contradicting information from other sources about the Gas Safety Responsibilities by a landlord and tenant and it seems a bit of a grey area accoording to: https://www.thetenantsvoice.co.uk/advice_from_us/repairs-overview/#how_does_the_law_assigns_responsibilities_for_repair_and_maintenance the landlord is not responsible for any electrical appliance that the tenant has installed in their property. Their maintenance is at the discretion of the tenant. But there is NO MENTION ABOUT GAS COOKERS which have been bought by the tenant??

🤔

In my opinion it should be the landlords responsibility to make sure all gas appliances are checked regardless who bought them. If anything went wrong the landlord is protected and so is his tenants.

There should be a clause in the tenants agreement if the tenant has purchased the appliance with a fixed fee added to their rent or the tenant needs to appoint a gas engineer of their choosing and provide a gas safety check certificate.

For the sake of Home Insurance the Home Owner should not rely on a third party (i,e the tenant) to carry out a Gas Safety Check and should arrange it him or herself with a Competent Gas Registered Engineer.

However as it stands one cannot leave the onus on the tenant, not all tenants are internet savvy and will not do the research as I have and MAY NOT KNOW THE LAW and if it is not written into the tenants contract, then this opens up a can of worms.

Furthermore EVERY Gas Engineers, Electrical Engineers and Gas, Electrical and Appliance Manufacturers and Retailers website’s should have LINKS and have information about:

  1. Hotzones
  2. Carbon Monoxide Alarms
  3. Gas Safety Checks and Landlord and Tenant Resposibilities and the law.

***I have contacted HSE for comment and am awaiting on their reply. I will update this post as soon as hear from them.

BEING SAFE IS PARAMOUNT.

All Landords, Gas & Electrical Engineers need to be trained about HotZones and Carbon Monoxide Alarms – So far I have opened a can of worms.

Kitchen Hot Zones

HOT ZONES

A Hot zone (hot-zone or hotzone) is an area in the kitchen surrounding your cooker and refers to an area that is considered to be dangerous. It part of safety regulations with in your home. It specifies the measurements and hard wiring requirements to make your kitchen safe.

FINALLY because of my complaint I made just before Christmas when my cooker was delivered but the engineers refused to install it, I am happy to say Argos have updated their website and have put a page up about Hot Zones on their FAQ Page.

It will be my mission in 2021 to put this information out on all appliance retailers websites aswell as GAS & Electric Engineers Sites as no person should have to go through what I have gone through. https://marketingagency.cymrumarketing.com/2020/12/21/argos_appliances_disclaimer_and_hot_zones/

So now consumers are aware fully what is needed pror to buying a cooker.

Argos Hot Zone FAQ Page can be found here: https://www.argos.co.uk/help/faq/72486

FINAL THOUGHTS.

I have one small suggestion to make and that is I went on Argos website just now and pretended to buy another cooker, where it says please “read me before booking installation and recycling” the page does not mention or have any links back to the page I referred to earlier reference hot zones, especially under ‘the section cookers‘. So if someone who has no clue about hot zones pays for installation they will be left in the same dilemma as I have been. There needs to be a link back to the Hot Zones Page.

UPDATE.

I would also like to say today 30/12/20 I have finally got the e-voucher. As for my cooker it is still not installed as harware stores are not open and it is hard to find someone to come out and do all the maintenace in my kitchen. Lesson Learnt!

Landlord & Tenant News

Landlords & Eviction Notices.

From September 30th 2020 in Wales, Landlords will have to give you 6 months notice to evict you providing they have good reason. However if you hold a short term tenancy then the landlord can evict you based on the contract term, giving you notice.

You can read the full article here: https://gov.wales/temporary-increase-notice-period-eviction-will-provide-greater-protection-against-homelessness?fbclid=IwAR1L2oAXiswjgbTYmx2g9t2TWy8mhX2bxC5A0AcvC7yU7ryWjhXMG6y82O4

Another thing you may need to consider is if your landlord is being difficult and does not want to do all the repairs even though you have told him, you may consider especially if you have a short hold tenancy agreement is do the repairs yourself, keep all the expenses receipts and at the end of the day get them back by invoicing him/her. Worst case scenario you can take him/her to a small claims court to recover the costs.

Calendar

November 2022
M T W T F S S
 123456
78910111213
14151617181920
21222324252627
282930  

Loading