Painsmith Landlord and Tenant Blog

A practitioners landlord and tenant law blog from PainSmith Solicitors

Gas Safe Register Confusion

Gas Safe Register appear to be advising on their helpline that a landlord is obliged to obtain a new gas safety certificate every time a tenancy is entered into, notwithstanding any current gas safety certificate that is in place. This is not the position.

The Landlord (or the Agent if it forms part of the terms of business) is required to arrange the annual preparation of a gas safety certificate and ensure that throughout any tenancy a valid gas safety certificate is in place at all times.

An annual gas safety check must be carried out by a Gas Safe Registered engineer. A record of the safety check must be kept for 2 years. A copy of the certificate must be issued to each existing tenant within 28 days of the check being completed, and in any event before the commencement of a tenancy.

This is consistent with the advice as given on the Gas Safe Register website.

The relevant legislation can be read here.

Filed under: Uncategorized, ,

3 Responses

  1. Just wondering says:

    Surely it’s safer to advise a new cert. for each tenancy in case the old tenants might have interfered with the boiler?

  2. PainSmith says:

    Yes, but it is not a legal requirement.

  3. Gas Angel says:

    Hi i’m a heating engineer based in the North East, although what you say is strictly true, the Hse advises against it, i carry a lot of “interim” checks for landlords inbetween tenancies, for more of a precaution than a legal requirement , for the sake of £40 its worth it in my opinion, please see below for the actual hse guidelines. if you want any more advice then please get in touch http://www.gasangelheating.co.uk

    Dave

    What checks should be done between tenancies?

    You must visually check the property to see if the departing tenant has either removed appliances unsafely, or alternatively left behind their own appliance, which should either be removed or checked for safety by a Gas Safe Registered engineer. The opportunity should be taken to clarify appliance ownership prior to renting the property again.

    If you suspect that an appliance could have been tampered with, or there is the possibility of vandalism while a property remains empty, then HSE recommends you arrange for another gas safety check to be completed by a Gas Safe Registered engineer before giving access to new tenants.

    Before you re-let the property you need to ensure that all appliances are safe and have an up to date landlord’s gas safety certificate (a copy of which needs to be given to the new tenant); it is also good practice to arrange for the pipe work to be inspected and tested for soundness.

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