Tuesday, December 2, 2008

Landlords: Check the Boiler for Safety

By Tal Potishman

The law is very clear regarding the requirements from UK landlords when it talks about gas safety in a rented property. The law requires annual gas safety inspection to be undertaken by an approved CORGI registered engineer. According to the law, failure to comply with this requirement carries a fine of up to 5,000 and up to six months' imprisonment.

According to the law, landlords are required to ensure the following:

* Gas appliances with open flue must not be located in a room where occupants sleep (or in the bathroom).

* All work relating to the repair, service or installation of gas appliances to be carried out by a CORGI certified engineer.

* All fixed or mobile gas appliances within the property are maintained and their safety is inspected at least once every twelve months. The inspection must be carried out by a CORGI certified engineer.

* Any work done on gas appliances within the premises should be approved according to a list of safety tests undertaken by a Corgi approved engineer.

* Users of the premises must have free access to all documentation regarding the gas appliances, such as manuals, safety documents etc.

*A clear set of records is kept detailing the dates of safety inspections and any defects identified and respective work undertaken. The tenants must have access to a copy of these records within 28 days of the safety inspection or prior to new occupants moving into the property.

Landlords should consider installing protection against carbon monoxide poisoning in the rented property. Carbon monoxide poisoning causes between 20 to 30 deaths every year in the UK. Carbon monoxide is a result of an incomplete burning reaction, which creates a combination of carbon with a single oxygen molecule. The gas has no smell, colour or taste and is extremely poisonous, causing asphyxiation and sometimes death. Carbon monoxide can occur when the boiler installation is done poorly, when the flue is poorly designed or installed or is simply blocked.

The legal guidelines for landlords are very demanding when it comes to ensuring all domestic boilers are checked and serviced annually. Large landlords and housing associations find it difficult to meet such statutory requirements mainly owing to the administrative and logistical complexity of arranging access for the Corgi engineer to each property.

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 extreme cases, a landlord has to resort to issuing an entry warrant into the property if the tenant fails to cooperate. Such cases are very regrettable as they are complicated and costly, due to the need for police to attend and additional making good costs (which can get to 500 per property).

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