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Landlord Gas Safety Certificates – Common Mistakes Landlords Make Gas certificates for landlords help landlords comply with the law while protecting their tenants. These tests minimize the chance of carbon monoxide poisoning by identifying any faulty appliances, flues and pipework that must be fixed. The checks can be performed quickly by Gas Safe engineers. They are also easy to manage using digital tools that integrate into full job management systems. Requirements Landlord gas safety certificates are a legal requirement, and landlords must ensure that all their tenants have access to a qualified engineer to carry out the test. The best way to do this is to include a clause in the tenancy agreement which states that the property will be available for Gas Safety checks. It will also make it clear to the tenant that if they do not allow access, the landlord will take the appropriate steps to enforce the regulations. Landlords must ensure that their properties are registered with an active CP12 certificate, which lasts for 12 months. It is a good idea to renew this on the same day that the previous one expires, in order to avoid wasting days when the new and old certificates overlap. Recent changes to the law have allowed landlords more freedom in how they conduct their inspections. However this doesn't mean that they can shorten their annual inspections. It is vital to keep in mind that only engineers registered with Gas Safe Register are legally allowed to work with gas piping, appliances and flues. If a landlord employs an unregistered engineer and they are liable for a criminal offense. If a tenant is refusing access for the annual Gas Safety Check the landlord should write to them in a strong wording explaining why they require access and what will be involved with the inspection. If the landlord isn't able to receive a reply then they should think about taking additional steps, like serving an Section 21 notice or applying to the court for an injunction. Installing inspection hatches will allow the engineer to look for leaks in gas, and to ensure that the appliance shutoff valve functions. Tenant's obligations as a tenant It is your responsibility to ensure that the gas lines in your apartment are safe. Your tenants could be at risk to suffer injuries if do not take the necessary steps. In order to ensure the safety of your tenants, you should have your NYC apartment gas inspection done by a qualified gas engineer. Also, you should ensure that your tenants have access to the gas supply. If you're unsure of your responsibilities, contact an New York Apartment Fire Injury Lawyer immediately. If you are granted the landlord gas safety certificate it is essential to provide your tenants with an official copy of the report at the beginning of their tenure or within a short time after the check is completed. It should be displayed prominently within the property. If you are the manager of an apartment with shared appliances, you may prefer to split the appliances and flues into separate parts to ensure that each part receives their own safety check. Occasionally, you might find tenants who refuse to allow the engineer to carry out the security inspections. The reason is usually that the tenant feels it's an invasion of their privacy, or they're involved in a dispute. Make them aware that carbon monoxide can be a hazardous gas, and it is your legal obligation to protect your family from harm. If your tenants aren't ready to allow the gas operative to carry out the test, it's a good idea to include the clause in their lease that states that they must permit access to the gas operative for maintenance or safety checks. The tenancy agreement should also clarify whether you can shut off the gas supply and, if so the time it's allowed. You should also provide the employee a method to uniquely identifies him or herself by scanning a signature, an employee ID or a payroll number that is unique to them. Access Every property with a gas appliance such as a boiler should have a landlord gas safety certificate. A landlord who fails to renew their certificate could face massive fines and also the possibility of making tenants uncomfortable. To avoid this, landlords must always keep their certificates up-to-date by scheduling an annual gas check for their tenants. The cost of a gas safety inspection is determined by a number of factors, including the location of the property and the amount of gas appliances it houses. Gas safety checks cost between PS35 to PS150 per property. The price can vary greatly dependent on the location of the property and the gas company that is used. Landlords are required to give an official copy of the gas safety report (also called a CP12) to their tenants. This document should be given to tenants who have rented the property within 28 days of the check being completed and new tenants should receive it within 28 days after moving into the property. The landlord must display a copy of CP12 at the property, and ensure it is readily accessible. Tenants can also help to make sure their landlord has a valid gas safety certificate by ensuring that they have access to the property and the appliances they own are not connected to the mains gas. They should also look for clunking noises, black marks on appliances or other signs of problems with the gas system. If they observe any of these signs they should inform the landlord immediately. If a landlord cannot gain access to their property to conduct a gas safety inspection it is their responsibility to prove that they have taken all “reasonable steps” to comply with the laws. This could include making repeated attempts to conduct checks and sending letters to tenants to inform them that safety checks are a requirement by law for their protection. Expiry date It is crucial that landlords have their gas safety certificates up-to-date. Failure to do so could lead to unforeseen hazards and penalties from regulatory agencies. Failure to renew a certification on time could also result in a landlord's insurance to be canceled. It's not always easy to navigate the complex regulations that surround these certificates. There are a few common mistakes landlords make when it comes to these checks, and they should be aware of them to avoid making them. Landlords are required to conduct annual gas safety checks of all flues and appliances on their premises. They must also give copies to tenants who have been with them for a minimum of 28 days following the test and to new tenants when they start their tenure. A copy should also be displayed in a prominent spot on the property. Landlords are also required to keep records of these tests for at least two years. Since the 6th of April, 2018 the regulations have been amended to give landlords greater flexibility when it comes to scheduling their gas safety inspections. This change allows landlords to have their gas safety inspection carried out up to two months ahead of the due date, while maintaining the current expiry date. However, it is still important to make sure that a check is scheduled prior to the expiry date and not to think that there is a grace time. If a landlord does not conduct a gas safety inspection completed prior to their current certificate expires date, they will not be able to rent out their properties until the new checks are completed. Landlords must be aware that this is a major breach of regulation, and they could face massive fines. Recommendations As a landlord, you must make sure your gas safety certificate is current at all times. Keep copies of any previous certificates for at least two years. It's a good idea shop around for a competitive price, as costs can differ. During the inspection the engineer will provide you with an official Landlord Gas Safety Record. This is vital to provide new tenants with the necessary documents before they move in and to demonstrate the compliance with legal requirements. The document contains the details of all gas appliances checked and their places of operation. It also lists the date of the test as well as any actions taken by the engineer. It should also contain the name, registration number and unique identifier of the engineer who conducted the test. This could be a scanned ID card, a digital signature or a payroll code that is unique to each person who uses it. The engineer will note any appliances or flues that are not safe on the safety check record. Landlords must then organize for the correct repairs to be completed. If the issue cannot be resolved within a reasonable period of time, the engineer can disconnect the gas supply. Landlords are required to fulfill a variety of obligations to their tenants, and keeping up-to-date with regular gas safety checks is among the most important. Infractions to the rules could result in a fine, or even imprisonment if a fatal accident occurs.