Friday, December 19, 2008

Legal Requirements for Landlords - Check Boilers for Safety

By Tal Potishman

The UK law is very detailed and prescriptive when it comes to the requirements of safety checks of rental accommodations. Annual gas safety inspection must be undertaken by a certified Corgi gas engineer to ensure the legal requirements are met. The law allows for a fine of up to 5,000 and an imprisonment of up to six months if the landlords failed to meet this requirement.

The law requires the landlord to ensure the following:

* No open flue gas appliance is located in the same room where people are sleeping, a bathroom or a shower room.

* Any work such as repair, service on installation to gas appliances must be carried out by a Corgi certified engineer.

* Both mobile and fixed gas appliances in the property must be kept at a safe working condition and inspected on an annual basis by a Corgi registered engineer.

* Any work done to any gas appliance in the property is then approved through a series of safety tests by a CORGI certified engineer.

* The tenants living in the property must have unrestricted access to all documentation relating to the gas appliances (e.g. manuals for the appliances, safety documents).

*Dates of safety inspections should be noted clearly on a set of records. The records should also include any defects identified and work done on them. The occupiers of the property should have access to these records within 28 days of the inspection or before new tenants are moving into the property.

It is highly recommended for landlords to install carbon monoxide detection and alarm devices to protect the tenants or users of the property. Carbon monoxide is a lethal gas that occurs where there is an incomplete burning within the gas boiler, yielding a combination of a single molecule of oxygen with a single molecule or carbon. The gas, which has no odour or colour leads to breathing difficulties and sometimes to death. There are around 20 to 30 deaths in the UK every year as a result of carbon monoxide poisoning.

Landlords have no choice but to ensure that all domestic boilers on the premise are checked and services annually. Large landlords, Local Authorities and Housing Associations find this statutory obligation to cause major concern due to the administrative complexity and logistics difficulty of the gas engineer gaining access to the boiler.

Evidence shows that it is difficult for the Corgi engineer to gain access to the property in cases of large blocks of flats. During business hours, most flat are empty while their occupants are at work. It proved to be difficult to get people to stay at home to wait for the plumber to come and conduct the safety check. Tenants are reluctant to lose a day's pay in order to stay at home for the landlord to comply with the Regulation.

In certain cases, landlords have to arrange for an entry warrant if the tenant fails to cooperate and allow access for the gas engineer. In addition to the administrative complexity, this adds substantial costs to the cost of the gas safety check (up to 500 for police attendance and potential repair). - 16955

About the Author:

No comments: