Gas Safety Regulations 2018 Gives Landlords Time For Safety Certificate Checks.
Several changes in property legislation are being introduced in 2018, aimed at ensuring the safety of a Landlord’s rental property in Redbridge Borough or elsewhere. On the 6th April the new Gas Safety (Installation and Use) (Amendment) Regulations 2018 came into force, which will allow a landlord to carry out gas checks at his properties up to 2 months in advance of renewing the gas certificate.
It follows hot on the heels of The Minimum Energy Efficiency Standard (MEES) five days earlier, which now requires a Landlord’s private property to have a minimum ‘E’ rated Energy Performance Certificate (EPC). Coming on the 1st October, The Licensing of Houses in Multiple Occupation (England) Order 2018 will now be mandatory for rental properties of one storey or more.
The aim of the new Gas Safety regulations is to prevent landlords failing to carry out the mandatory checks in time, and which will ensure they have a valid test certificate in place before the old one runs out without affecting the renewal dates. Gas safety in private properties continues to be a significant problem. In 2017, results from a survey carried out by the Gas Safe Register revealed that over a five year period more than one in five (21 per cent) of privately rented homes still have an unsafe gas appliance, of which, more than half (59 per cent) involved gas heaters.
In the same year, a number of gas leaks were reported in Ilford at a private rental property following a complaint by tenants that the gas and electricity had been “switched off” on the ground floor. Upon closer inspection, a number of concerns were raised over the building, which had been converted inside into three separate living spaces, including both gas and electrical safety.
Unaware of obligations or deliberately ignore the requirements
Often the primary cause of a gas leak is the failure to ensure regular maintenance but unfortunately, owners of private rental properties are either unaware of their obligations or deliberately ignore the requirements until an accident occurs.
Under the pre-existing Gas Safety (Installation and Use) Regulations 1988 (GSUIR):
- A landlord is defined as ‘anyone who rents out a property that they own under a lease that is shorter than seven years or under a license.’
- All gas appliances must be inspected by a Gas Safe registered engineer before a tenancy begins and then rechecked for safety at least every 12 months.
The new rules gives greater flexibility by allowing landlords to:
- Carry out the mandatory annual gas safety checks in the two months before the due date.
- Not be penalised for carrying out inspections in advance.
The changes to GSIUR, which do not relax regulatory requirements or reduce safety standards also aims to prevent landlords:
- Waiting to the last possible moment to carry out the checks then find they cannot gain access.
- Deliberately shortening the annual check to comply with the law.
Practical value of using a quality property management service
The landlord is responsible for gas safety and maintenance checks under any circumstances, such as sub-letting or shared ownership. If a tenant brings their own appliances, the landlord is responsible for any fittings and installation necessary, but not for the appliance itself.
All gas appliances are to be tested prior to tenancy and then annually by a Gas Safe registered engineer.
A record of the safety checks must be kept for up to two years and a tenant should be issued a copy within 28 days of the check being completed. In addition, new tenants should be issued copies of past checks and safety regulations before taking occupancy. Even if a property is only rented for a short period of time, the landlord is still responsible for gas safety.
For a landlord with a number of houses, ensuring all their properties meet the new legal requirements – as well as attending to everyday business – can be time consuming. Many landlords prefer to take care of their properties by themselves. However, others – for example, new buy to let landlords – may find the experience daunting and could easily fall foul of the law because they simply didn’t know all the legal requirements or can’t keep track of everything all the time.
Increasingly, buy to let owners recognise the practical value of using a quality property management service. A reputable local estate agent should ensure the value of a landlord’s investment is protected by safety compliance, maintenance and repairs, as well as tenant and rental review management.
