In this article, Mushtaq Khan looks at the Gas Safety Regulations and advises landlords as to their legal obligations and looks at practical ways of securing entry to premises if obstructed.
Regulation 36 of the Gas Safety (Installation and Use) Regulations 1998 (Statutory Instrument 1998 No 2451) came into force on 31 October 1998, replacing Regulations 35 and 35a of the Gas Safety (Installation and Use)(Amendment) Regulations 1996 (Statutory Instrument 1996 No 550). Regulation 36 applies only to premises occupied, whether exclusively or not, for residential purposes in consideration of money or monies worth under a lease or licence.
The lease must be for a term of less than seven years or be a periodic tenancy or it can be statutory tenancy (arising out of either of such contractual tenancies by virtue of the Rent Act 1977 or Rent (Agricultural) Act 1976). The regulation can apply to mixed commercial and residential properties, e.g. a shop with a flat above let on such a lease or tenancy.
The landlord of such a tenancy must ensure that any gas appliance, its flue and pipework are safe, so as to prevent the risk of injury to any person in lawful occupation and arrange for an annual inspection to be carried out by an approved person and recorded. Regulation 36 requires that the inspection record must be preserved for a period of 2 years; and specifies the information to be included in that record; and requires the landlord to provide both existing and new tenants with a copy of the record at specified times.
A landlord cannot contract out of responsibilities imposed by Regulation 36 or require the tenant to accept responsibility. Nothing done by a tenant or other person in lawful occupation in relation to the maintenance or checking of a gas fitting or flue has to be taken into account in determining whether a landlord has discharged its obligations under Regulation 36 (except in so far as it relates to access to the gas fitting or flue for the purposes of maintenance or checking).
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