Member Article

Landlords take note

With Watson Burton LLP Law Firm

Following the tragedy in Corfu last month, where two young children lost their lives to Carbon Monoxide poisoning caused by faulty gas appliances, Landlords need to be aware of the duties they are under to prevent such catastrophes.

Around 30 people a year die as a result of Carbon Monoxide poisoning caused by gas appliances and flues which have been incorrectly installed or maintained. It is vital that gas appliances are installed correctly and regularly serviced, because as the gas is odourless, problems easily go undetected. Landlords are not only subject to general duties under the Health and Safety at Work etc Act 1974 with regard to gas safety, but more specifically, the Gas Safety (Installation and Use) Regulations 1998 (‘the Regulations’). The Regulations apply to ‘relevant premises’, which are premises occupied for residential purposes under a licence, a lease of less than 7 years and any statutory tenancy arising out of a lease or licence.

The duties to which Landlords are subject include:

1. To ensure gas fittings and flues are maintained in a safe condition and are serviced by a CORGI registered gas installer in accordance with the manufacturer’s instructions;

2. To carry out annual safety checks and a check before the grant of a new tenancy unless one has been carried out in the last year;

3. To keep a record of each safety check for at least 2 years; and

4. To provide the Tenant with a copy of the latest check within 28 days of it being completed and provide any new Tenants with a copy of the latest check.

As manufacturers’ annual services vary, it is important that Landlords ask CORGI representatives whether the service complies with the safety check requirement and whether it constitutes adequate maintenance. The Regulations apply to any gas appliances or flues on the premises, whether or not they are fixed, except those appliances owned by the Tenant and those in a non-residential part of the premises. If the property is managed or sub-let, additional care should be taken to ensure that any contract clearly identifies who is responsible for complying with the Regulations.

If the potential loss of life is not enough, Landlords also face a maximum penalty of £5,000 per offence. Further, if the case is referred to the Crown Court, fines are unlimited and there is the added possibility of imprisonment.

If you have any queries in relation to this article, or any other commercial property matter, please contact Caroline Rye at Watson Burton LLP (email: caroline.rye@watsonburton.com).

This was posted in Bdaily's Members' News section by Ruth Mitchell .