OMBUDSMAN
The Property Ombudsman, Christopher Hamer, says gas safety checks are vital to protect tenants.
P
aragraph 2e of the TPO Code of Practice imposes an obligation upon letting agents to ensure that they advise a potential landlord of
the need to comply with the requirements of the various pieces of safety legislation and obligations that apply to rented property. Having recently reviewed a number of cases where the Complainant tenants were concerned about the provision of the gas safety certificate, I thought it would be helpful to highlight best practice in such an important area. Both agents and landlords have an
ongoing responsibility to ensure that a let property is maintained to a safe standard. I would expect an agent to ensure that they advise the landlord of the relevant safety regulations and their responsibilities under the law. There are differing obligations dependent on whether the Property is let furnished or unfurnished. I would advise all agents to ensure that in particular they are fully aware of, and comply with, the Gas Safety (Installation and Use) Regulations 1998, the Electrical Equipment (Safety) Regulations (1989 and 1994), the requirements of Portable Electrical Appliance Testing (PAT) and all obligations in respect of furnishings and upholstery. The gas safety regulations are
particularly stringent and many tenants are, quite rightly, aware of the requirements as they apply to the annual safety certificate. Both the landlord and agent can remain responsible for breaches in compliance if they knowingly let a tenancy proceed where the property has not had the required safety checks. Apart from putting lives at risk, it is a criminal offence for a property to be let with no current gas safety certificate. The Health and Safety Executive (HSE) gives gas safety a high priority and
52 APRIL 2011 PROPERTYdrum
‘A full management contract should specify all the landlord and agent’s responsibilities.’
will take the appropriate action to ensure compliance with the regulations; this could result in a substantial fine and/or a custodial sentence. A landlord has a number of duties
under the Gas Safety (Installation and Use) Regulations 1998. An agent providing a management service needs to ensure that the management contract clearly specifies who is responsible for carrying out the maintenance and safety check duties, and keeping associated records. If the contract specifies that the agent has responsibility then the same duties under the Regulations that apply to a landlord apply to the agent. If the agent is instructed on a tenant find only basis, the responsibility to obtain the
safety certificate remains with the Landlord but best practice dictates that the agent has sight of the certificate before the tenancy commences, keeps a copy on their branch file and advises the Landlord on an annual basis when the certificate needs updating. If the agent is appointed to provide a full management service, I expect to be provided with a complete branch file indicating that they have ensured that all requirements concerning the gas safety certificate are complied with. There may be problems if the tenant
prevents access for a gas safety check. In such cases the landlord or agent, depending on who has the responsibility to arrange the check, has to show that they
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