News Article

Gas Safety Checks – Who Needs Them?

You must ensure that any gas appliances (permanent or portable), and gas flues that you own and provide for use by your tenants have regular gas safety checks.

Gas safety checks are needed by Landlords, Housing associations, Local authorities, Hotels and B&Bs, Colleges, Boarding schools and Hostels.

In hotels and B&Bs, you must arrange an annual gas safety check for any gas appliances serving guest accommodation even if it is sited away from the guest accommodation.

MY TENANT SHARES THE PROPERTY IN RETURN FOR 'RENT' (SUB-LETTING)
As the original landlord you are still responsible for gas safety checks. You cannot transfer this responsibility to your tenant who is subletting. If your property is wholly sublet, your contract with your tenant must clearly allocate the responsibility for completing the gas safety check.

In the case of sublet accommodation, the ‘original’ landlord may retain duties which overlap with those acquired by the person who sublets. In these cases, dutyholders need to take effective steps (eg by close co-operation, and clear allocation of responsibilities under contractual arrangements) to ensure requirements are fully met. However, licensors (ie ‘subletters’) of premises who are themselves tenants of those premises are not regarded as landlords in this context and do not have obligations under regulation 36. This means that a tenant allowing others to share accommodation in return for ‘rent’ does not acquire duties under the regulation; these remain with their landlord.

I HAVE A FAMILY MEMBER STAYING RENT-FREE IN MY HOME - Although a gas safety check is not required under the regulations, HSE strongly recommends that you maintain and service gas appliances as recommended by the manufacturer.

I EMPLOY DOMESTIC STAFF, WHO LIVE IN MY HOME - You are classed as a landlord, so you need to arrange an annual gas safety check.

I HAVE A LODGER WHO PAYS ME RENT - You are classed as a landlord, so you need to arrange an annual gas safety check.

I ALLOW STUDENTS TO STAY WITH ME FOR SHORT PERIODS, SUCH AS EXCHANGE TRIPS - If a student stays with you for short periods and you are paid for things such as the students’ food, then you take on the duties of a landlord and must arrange for regular gas safety checks.

MY PROPERTY IS EMPTY - You must ensure that all appliances/flues are safe and have an up to date gas safety check record to be provided for the new tenants before they move in.

I OWN A SHOP AND RENT OUT THE FLAT ABOVE - Domestic gas duties apply to the flat, so you must arrange an annual gas safety check.

You must ensure that a gas safety check is done every year on each gas appliance/flue. Before any new lease starts, you must make sure that these checks have been done within one year before the start of the lease date.

Landlords must take prompt action to correct any defect shown on the safety check record, if it wasn’t rectified at the time of the safety check. Where there is any suspicion that an appliance may be dangerous/unsafe, the landlord or other responsible person for the premises (eg agent) should ensure that the appliance concerned is not used until the defect(s) have been remedied.

Failure to comply with Gas Safety legislation could result in substantial fines and / or imprisonment, but more importantly lives are at risk.