LANDLORD SECTION

Landlord legal obligations

Despite interest rates climbing steadfastly, the buy to let market is on the increase. Property is still one of the most popular areas for investors. Indeed there has been a dramatic increase in buy to let mortgages;  *In 1999 there were 44,400 in 2006 a staggering 330,300!

With the increased popularity of buying to let, comes increased responsibility for the average investor.  Suddenly you are not just an investor, but a Landlord who has a legal duty to prospective tenants. 

Landlords have a legal obligation to ensure that all their gas appliances have been given a gas safety certificate to prove that they are safe and legal.  As a landlord you must ensure that you have your appliances checked annually by a CORGI registered engineer.

Whether you rent your property out privately or through a letting agency you must ensure you know what your obligations are.

Recent research by the NUS shows that nearly one in two landlords do not know what their obligations are when it comes to life threatening issues – such as up to date gas safety checks and certification, which, if neglected, can result in exposure to deadly carbon monoxide fumes.  Over the past decade ten students have died from carbon monoxide poisoning.

In an event of an accident you must be able to prove that all appliances were safe. If this isn’t the case then you can be fined up to £5,000 or face a prison sentence or both.

Landlords cannot ignore their liability for death or personal injury resulting from negligence.

K25 provide annual service and maintenance programs. We use the latest testing equipment for accurate and reliable results. 

K25 carry out minimal remedial work and are therefore completely impartial.

*Source Council of Mortgage Lenders

Gas and the Law

Carbon monoxide emissions – from poorly installed or badly maintained gas appliances and flues – cause the deaths of around 30 people each year, and the hospitalization of hundreds more.

The Gas Safety (Installation and Use) regulations 1998 specify that it is the duty of landlords of “relevant premises” to ensure that all gas appliances, fittings and flues provided for tenants’ use are safe.

Landlords’ gas safety duties apply to all appliances and flues in “relevant premises”.  These include all residential properties occupied for residential purposes under a license or a tenancy agreement.

What are the Landlord’s main duties?

A landlord must ensure:

• A record of each safety check is kept for two years by the landlord

• A copy of the current safety check record – a CORGI Landlord’s Gas Safety Record or similar document – is issued Any relevant gas fittings and appliances owned by the landlord (including portable ones such as LPG cabinet heathers and those serving relevant premises but installed elsewhere), pipe work and flues are maintained in a safe condition.

• All installation, maintenance and safety checks are carried out by a CORGI Registered Installer

• An Annual Gas Safety Check is carried out on relevant gas appliances and flues by a CORGI Registered Installer. The Gas Safety Check must take place within 12 months of the relevant appliance/flue being installed and at intervals of not more than 12 months since it was last checked for gas safety

• To be made available to the tenant within 28 days. To each existing tenant within 28 days of the check being completed, or to any new tenant before they move in (in certain cases, such as holiday properties, the record can be displayed in a prominent position)

• When a tenant vacates a property the landlord must ensure that the gas appliances and fittings are safe before the property is re-let. It would be beneficial that a record is kept of this check, for confirmation

• Please note:  An appliance service inspection will not necessarily provide sufficient information to meet the needs of the Landlords’ Annual Safety Check.  Nor will an Annual Safety Check necessarily be sufficient to provide effect maintenance.  Always ask the advice of a CORGI Registered Installer.

Information from CORGI Gas Safety in rented accommodation – A guide for Landlords and tenants
For further information,  please see this leaflet in its entirety on www.trustcorgi.co.uk

Unfortunately the symptoms of carbon monoxide poisoning can often mimic flu, therefore carbon monoxide poisoning is often misdiagnosed.

We can give you an accurate printout, stating the parts per million in each room/area of your property.  We will then advise you of any additional remedial action if needed.