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Landlords must be aware of their responsibilities for the safety of their tenants.The Gas Safety Check (Installation & Use) 1998 makes every landlord responsible for having a gas pipeline and devices that are certified as being in a safe state. The inspection process must be carried out at least once a year and by an installer registered by CORGI. The regulation is enforced by the Health and Safety Executive (HSE).
Severe fines for non-compliance can be imposed and deaths can result in manslaughter for landlords and agents. Failure to comply is a criminal offense and courts can impose unlimited fines and custodial sentences. This can also invalidate your property insurance and can then lead to claims for civil damage – awards in these cases have indeed proved to be very high.
What is carbon monoxide?
Carbon monoxide (CO) is commonly known as the silent killer. It is very toxic and cannot be detected by the senses. You can’t see, smell, or taste it, but exposure to even low levels of CO can cause brain damage and death. It is produced by the incomplete combustion of gas, solid or liquid fuels. It stems from poorly installed or poorly maintained gas appliances. Insufficient ventilation to the device or away from the device (flue pipes and chimneys blocked) will also lead to CO build-up.
Signs of CO are: yellow or brown spots around the device, pilot flames that often blow out and increased condensation in the windows. Symptoms of CO poisoning are: tiredness, headache, flu-like symptoms such as nausea, chest pain, sudden dizziness on standing up, illness, diarrhea and abdominal pain, erratic behavior.
In the UK, there are around 20-30 deaths each year from CO poisoning by heaters. The trend is decreasing and the share of deaths in private homes and municipal rental homes is 5 times and twice the number found in private rental homes respectively.
Landlord checklist
- Implement a system of annual checks and maintenance for all gas appliances and flue channels.
- Use only CORGI registered technicians for installations, maintenance and gas safety checks.
- Keep security checks, keep copies for at least 2 years and give copies to each renter within 28 days.
- If you use a management agent, you must make clear in the contract who is responsible for managing gas safety controls.
- Make sure that devices are safe and have been checked within 12 months before they are re-rented.
- When re-renting, remove all suspicious devices that may have been left behind by previous tenants and give the new tenant a copy of the security check upon arrival.
- Inspect the gas installation and equipment when re-renting, even if a safety certificate is still valid. A departing tenant may have left the system in an unsafe condition.
- Work closely with tenants to gain access for maintenance, repairs, safety checks and early notification of defective devices.
- If you encounter difficulties in gaining access, make sure that you fully document this to show that you have taken all reasonable steps – beware of harassment charges.
Ensure that all devices meet the requirements; in particular in bedrooms and bathrooms where appliances must be of the enclosed space type. Since January 1, 1996, restrictions apply to devices in bedrooms and bathrooms. Devices such as heaters must be of the closed room type. Non-chamber sealed types can only be fitted if they are less than 14 Kilowatts and have cut-off devices that automatically shut off the gas when toxic fumes are built up. Since October 31, 1998, it is also illegal to install instantaneous water heaters that are not sealed or equipped with a safety device that automatically shuts off the gas supply when toxic fumes are built up. If in doubt, seek advice from an installer registered by CORGI.
- Do not use second-hand gas appliances.
- Ensure that tenants have emergency instructions and easy access to the gas meter and gas valve.
- Deliver copies of the operating instructions from all device manufacturers to your tenants.
- If changes are made to the premises, make sure that the responsible takes into account the effects on gas appliances such as flue gas outlets, ventilation, etc. and that they have the appliances checked again by a CORGI installer.
Chris Horne has 20 years of experience as a real estate professional and worked for companies such as English Partnerships and Drivers Jonas as a consultant for planning and research.
He now works full time as an investor and project developer.
He has also developed the Property Hawk site, which is aimed at British landlords and offers FREE software for property management.
Property Hawk also contains a multitude of buy-to-targeted information, FREE leases, inventory forms, financial and management tools. The primary goal is to make property management easier for UK landlords.
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