Online library

Where a gas supply exists to any rented property, landlords must have a clear understanding of their responsibilities in relation to gas supply and appliances.

The Gas Safety Regulations make it mandatory that gas appliances must be maintained in a safe condition at all times. A landlord or agent may not contract out of his obligations under the Regulations by including a clause in the tenancy agreement and a breach of the Regulations is a criminal offence enforced by the Health & Safety Executive, (HSE).

Where a gas supply exists to any rented property, landlords must have a clear understanding of their responsibilities in relation to gas supply and appliances.

The Gas Safety Regulations make it mandatory that gas appliances must be maintained in a safe condition at all times. A landlord or agent may not contract out of his obligations under the Regulations by including a clause in the tenancy agreement and a breach of the Regulations is a criminal offence enforced by the Health & Safety Executive, (HSE).

See the Additional Resources section for useful websites, giving additional information. 

All gas installers must be registered to work on gas appliances. Capita is now responsible for the registration of gas installers. Until 31 March 2009, this was undertaken by CORGI.

All gas installers must be registered to work on gas appliances. Capita is now responsible for the registration of gas installers. Until 31 March 2009, this was undertaken by CORGI.

HSE carried out a review of the domestic gas safety regime during 2006 and identified a change was necessary. They completed a procurement exercise to select a provider to run a new scheme for a five year term. External stakeholders were widely consulted during the development of the specification of the new scheme. The project board and the procurement process involved all interested parts of HSE, together with selected external stakeholders and external expert advice. Following this process, HSE announced on 28 August 2008 that it had awarded the contract to run the new gas installer registration scheme from 1 April 2009 to Capita Group Plc.

Capita have launched the new brand, ‘Gas Safe Register™’, which focuses solely on improving consumer gas safety. The new brand came into play at the same time as the new gas registration scheme (which replaced the CORGI scheme). The new brand is held by HSE on behalf of gas installers, and will be used by Capita for the duration of the contract. It will then be available to whoever runs the registration scheme in the future.

Registered installers have been trained in gas safety and the standards needed for appliances and installations. Capita’s role is to improve standards in industry and help to train and educate their registered installers so that any work completed by a Capita – registered (Gas Safe Registered) installer should be carried out competently and safely.

Using a gas installer who is not registered is illegal and could be dangerous as there is no guarantee of the installer’s competence. All Gas Safe registered installers must carry a Gas Safe ID card, so you should always ask to see it before any installer begins work on your gas appliances. If you have any complaints about an installer, you can contact the Gas Safe Register directly, or make a complaint to your Trading Standards Department at the Local Authority.

More details can be found on the websites given in the Additional Resources section.

• The Regulations do not apply to gas appliances which are owned by the tenant.
• The Regulations do not apply to leases of more than 7 years unless it can be ended before 7 years from the commencement of the term.
• The Regulations allow a defence for some specified regulations where a person can show that he took all reasonable steps to prevent the contravention of the Regulations.

• The Regulations do not apply to gas appliances which are owned by the tenant.
• The Regulations do not apply to leases of more than 7 years unless it can be ended before 7 years from the commencement of the term.
• The Regulations allow a defence for some specified regulations where a person can show that he took all reasonable steps to prevent the contravention of the Regulations.

Portable Appliances

Portable or mobile gas appliances should not be supplied or be allowed to be used.

Room Sealed Appliances

A gas appliance installed in a bathroom or a shower room must be a room-sealed appliance. This means the air intake to and exhaust from the appliance is with the outside atmosphere, not within the room.

A gas fire, other space heater or a gas water heater of more than 14-kilowatt heat output must be a room-sealed appliance if installed in a room used or intended to be used as sleeping accommodation.

Portable Appliances

Portable or mobile gas appliances should not be supplied or be allowed to be used.

Room Sealed Appliances

A gas appliance installed in a bathroom or a shower room must be a room-sealed appliance. This means the air intake to and exhaust from the appliance is with the outside atmosphere, not within the room.

A gas fire, other space heater or a gas water heater of more than 14-kilowatt heat output must be a room-sealed appliance if installed in a room used or intended to be used as sleeping accommodation.

A gas fire, other gas space heater or a gas water heater of 14 kilowatt heat output or less in a room used or intended to be used as sleeping accommodation must be a room-sealed appliance or it must incorporate a safety control designed to shut down the appliance before there is a build-up of a dangerous quantity of the products of combustion in the room concerned. Note, this does not apply for existing appliances in relation to a room which since before the coming into force of the Regulations (31 October 1998) has been occupied or intended to be occupied as sleeping accommodation. Replacement appliances would need to comply.

Some properties, mainly flats and apartments, have been built with boiler flues which cannot be inspected because they are hidden behind walls or ceilings. These flues are connected to room-sealed fan assisted boilers and take fumes away from the boiler.

Gas Safe registered engineers need to be able to see the flue as part of essential safety checks whenever the boiler is worked on. A flue in poor condition, combined with a boiler that is not working properly, could put those living there in danger from carbon monoxide poisoning, which can cause death or serious injury.

Some properties, mainly flats and apartments, have been built with boiler flues which cannot be inspected because they are hidden behind walls or ceilings. These flues are connected to room-sealed fan assisted boilers and take fumes away from the boiler.

Gas Safe registered engineers need to be able to see the flue as part of essential safety checks whenever the boiler is worked on. A flue in poor condition, combined with a boiler that is not working properly, could put those living there in danger from carbon monoxide poisoning, which can cause death or serious injury.

If the boiler is situated on an outside wall, it is unlikely to have this type of flue. Alternatively, if the engineer can see all of the flue, there is no need to take any further action in relation to this matter.

If however all, or part of, the flue cannot be seen, the landlord will need to arrange for inspection hatches to be fitted. This does not mean that the flue system is suddenly unsafe. As long as the boiler passes a series of safety checks − including having audible carbon monoxide alarms fitted − it can be used normally for the time being.

Carbon monoxide alarms are not an alternative to being able to see the flue and you will still need to have inspection hatches fitted. You had until 31 December 2012 for this work to be completed. From 1 January 2013, any Gas Safe registered engineer will turn the boiler off and formally advise you not to use it until inspection hatches have been fitted in appropriate places.

Although most of the affected boiler and flue systems are relatively new (installed since 2000), the risk of faults leading to the release of carbon monoxide increases as the system gets older, especially if it is not serviced regularly. It is important that you have your gas appliances serviced annually.

If your property is less than two years old then contact your builder. If your property is between two and ten years old contact your home warranty provider, as you may be covered by them if there are defects in the flue. A list of the main home warranty providers is shown below. If your property is 10 years or older you should contact a Gas Safe registered engineer.

It is the responsibility of the landlord to ensure that inspection hatches are installed and that the boiler and flue are checked every year.

Check for safety within 12 months of being installed and then at least every twelve months by a Gas Safe registered installer.

Landlords must arrange a check for safety within 12 months of being installed and then at least every twelve months by a Gas Safe registered installer.

• Ensure a gas safety check has been carried out on each appliance and flue within the 12 month period before any tenancy commences and a Gas Safe registered installer must take remedial action (or disconnect) any appliance that fails a safety check.
• Give a copy of the safety check record or certificate to any new tenant before they move in or to an existing tenant(s) within 28 days
• Keep a record of the safety check made on each appliance, and all other gas work, for two years.
• Ensure that gas appliances, fittings, and flues are maintained in a safe condition. Maintenance is a requirement and can be best achieved by a regular servicing in line with manufacturers instructions.

It is important that tenants are made aware of the location of the emergency shut off valve to their accommodation and how it is operated. Where a valve isolates more than one unit of accommodation, tenants should be advised that once closed, it must not be opened again prior to contacting the landlord / landlord’s engineer. A note to this effect should be displayed at any such valve which also displays the gas emergency number 0800 111 999.

Tenants also have responsibilities imposed upon them by the gas safety regulations and Landlords should inform tenants of this in the tenancy agreement. This would include: –

• Reporting any defect.
• Not using an appliance that is known or thought to be unsafe.

Tenants also have responsibilities imposed upon them by the Gas Safety Regulations and Landlords should inform tenants of this in the tenancy agreement. This would include: –

• Reporting any defect.
• Not using an appliance that is known or thought to be unsafe.
• Not to interfere or tamper with any gas installation

Carbon Monoxide (CO) is often referred to as ‘the silent killer’. It is a natural product of combustion during the burning of any fossil fuel (gas, coal, oil, wood etc.).

Levels of CO can increase dramatically from faulty appliances or blocked flues, with symptoms often being mistaken for flu. Effects range from headache, nausea & sickness to death. Depending on concentration levels, death could occur after several weeks, or a little as 2 hours exposure.

Carbon Monoxide (CO) is often referred to as ‘the silent killer’. It is a natural product of combustion during the burning of any fossil fuel (gas, coal, oil, wood etc.).

Levels of CO can increase dramatically from faulty appliances or blocked flues, with symptoms often being mistaken for flu. Effects range from headache, nausea & sickness to death. Depending on concentration levels, death could occur after several weeks, or as little as 2 hours exposure.

Carbon Monoxide is odourless, colourless and tasteless.

Indications that an appliance is faulty & danger signs to look for are:

• Stains, soot or discolouring around a gas fire or at the top of a water heater indicating that the flue or chimney is blocked in which case carbon monoxide can build up in the room.
• A yellow or orange flame on a gas fire or water heater.
• By far the most effective indication of a potentially lethal combustion problem would be the activation of a properly installed, audible Carbon Monoxide detector.

The NLA strongly recommends the fitting of Carbon Monoxide alarms in properties with gas, oil or solid fuel appliances. Suitable alarms are available from the NLA online shop.

In England, it has been a requirement since 1st October 2015 for a carbon monoxide alarm to be fitted in every room where there is a solid fuel burning appliance (e.g. wood burning stove/heater). The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 require these to be fitted regardless of when the tenancy commenced. They must be checked to ensure each alarm is in proper working order on the day the tenancy begins if it is a new tenancy.

In Scotland, it has been a requirement since December 2015 for CO alarms with an integrated long life battery to be fitted in all rooms in privately rented properties in Scotland where there is a fixed combustion appliance of any kind (with the exception of appliances ued exclusively for cooking). Landlords must fit these regardless of when the tenancy commenced and must be in working order at the start of all tenancies. This change to the law is by way of an amendment to the Housing (Scotland) Act to the Repairing Standard.

***The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 came into force on 1st October 2015 requiring landlords to install a carbon monoxide detector in every room containing a solid fuel burning appliance. These must be installed regardless of when a tenancy commenced and must be checked and in a working condition at the start of every new tenancy. These regulations apply to properties in England only. ***

Oil and Solid Fuels

Carbon Monoxide can also be released from applicances using other fuels, such as wood, coal or oil.

***The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 came into force on 1st October 2015 requiring landlords to install a carbon monoxide detector in every room containing a solid fuel burning appliance. These must be installed regardless of when a tenancy commenced and must be checked and in a working condition at the start of every new tenancy. These regulations apply to properties in England only. ***

Oil and Solid Fuels

Carbon Monoxide can also be released from applicances using other fuels, such as wood, coal or oil. Whilst there are no specific regulations like the Gas Safety Regulations, it is still the landlords responsibility to make sure that any such applicances provided are safe and working properly.

Several bodies exist to provide information and advice on these areas and help find registered installers or engineers that may provide you with some confidence of their expertise. Their websites can be found in the Additional Resources section at the end of this subject.

Oil Firing Technical Association

The Oil Firing Technical Association (OFTEC) was launched in April 1991 to construct a framework within which oil firing in the United Kingdom and Republic Of Ireland could operate with a greater degree of technical expertise and efficiency. One of its first priorities was to set up a system of training and registration for Technicians engaged in commissioning, servicing, installation and plant operation with oil firing equipment. The scope of the scheme has since been extended to cover Technicians engaged in oil delivery.

OFTEC tests and approves oil-firing equipment, and represents the industry in discussions with regulatory agencies. OFTEC’s Codes of Practice set standards for the industry, and are followed by its Members and Registered Technicians.

Customers choose registered OFTEC suppliers because they trust the OFTEC symbol as a sign of high quality workmanship. OFTEC offer a wide range of courses for oil firing technicians. OFTEC training and registration are recognised as professional standards throughout the industry.

National Association of Chimney Sweeps

The National Association of Chimney Sweeps is in its 24th year since its formation in 1982 as a professional trade association, with a current membership of over 250 members. NACS promotes high standards for the sweeping, inspection and maintenance of chimneys. It is an active member of the European Federation of Chimney Sweeps (ESCHFOE). It is the national trade association in the UK to represent Chimney Sweeps and is exclusively recommended by all major fuel organisations – Solid Fuel Association, HETAS (Heating Equipment Testing & Approval Scheme), British Gas, OFTEC (Oil Firing Technical Association), National Fireplace Association.

All new Members must undertake compulsory training and on-site assessment and are also checked, prior to enrolment, for public liability insurance and all the necessary tools and adequate equipment to ensure the public is well protected by the services of a professional sweep.

Members work strictly to the NACS Code of Practice and Code of Conduct for the cleaning of chimneys. On completion of work, NACS Sweeps issue a Certificate of Chimney Sweeping and recommend when future cleaning is necessary.

NACS has also been instrumental, with other chimney related bodies, in helping set up the National Vocational Qualification (NVQ) in Chimney Engineering. The NACS Chimney Training Centre (CTC) facility is accredited by the CITB/City & Guilds.

Heating Equipment Testing and Approval Scheme

HETAS is the official body recognised by government to approve solid fuel domestic heating appliances, fuels and services. Its work in approving products covers boilers, cookers, open fires and stoves and room-heaters. It also lists in its Official Guide, factory made chimneys and carbon monoxide detectors and alarms suitable for use with solid fuel.

HETAS collaborates with the National Association of Chimney Sweeps (NACS) in supervising a solid fuel orientated course for chimney sweeps which results in successful candidates being “HETAS Approved”.

In association with the Solid Fuel Association (SFA), HETAS operates a registration scheme for heating engineers with special skills in the installation and maintenance of solid fuel heating systems.

HETAS represents the industry with government in matters such as Building Regulations and in the setting of standards both in the UK and Europe where its staff manage and chair committees drafting new British and European Standards. Its “three tick” Logo is the Approval Mark to be looked for in solid fuel domestic heating products and services.

Solid Fuel Association

The Solid Fuel Association is funded by solid fuel producers and distributors and was established to encourage greater awareness of the benefits of domestic solid fuel heating among the general public.

Operating as an advice centre, the Solid Fuel Association welcomes communication on all matters concerning the use of solid fuels both from domestic consumers and professionals such as heating installers and architects.