Who is a landlord?

A landlord is anyone who rents out a property that they own under a lease or under a licence.
Landlords' duties apply to a wide range of accommodation, occupied under a lease or licence, which includes, but not exclusively:

• residential premises provided for rent by local authorities, housing associations, private sector landlords, housing co-operatives, hostels
• rooms let in bed-sit accommodation, private households, bed and breakfast accommodation and hotels
• rented holiday accommodation such as chalets, cottages, flats, caravans and narrow boats on inland waterways.

Back to top

What are my duties as a landlord in relation to gas safety?

You have duties under the Gas Safety guidelines to arrange maintenance by a RGII engineer for all pipe work, appliances and flues, which you own and have provided for your tenants use. You must also arrange for an annual gas safety check to be carried out every 12 months by a Registered Gas Installer Ireland (RGII) engineer. You must keep a record of the safety check for 2 years and issue a copy to each existing tenant within 28 days of the check being completed and issue a copy to any new tenants before they move in.

Back to top

What are my duties as a letting/ management agent in relation to gas safety?

Landlords who use agents to manage properties need to ensure that the management contract clearly specifies who is responsible for carrying out the maintenance and safety check duties, and keeping associated records.
In this situation an agent must arrange maintenance by a RGII engineer for all pipe work, appliances and flues, which the landlord owns and provides for the tenants use. You must also arrange for an annual gas safety check to be carried out every 12 months by a RGII engineer. You must keep a record of the safety check for 2 years and issue a copy to each existing tenant within 28 days of the check being completed and issue a copy to any new tenants before they move in.

Back to top

Do I have to use a Registered Gas Installer engineer to complete gas work?

Yes - Gas Safety Regulations state that landlords must only use a RGII engineer for maintenance and safety checks on gas equipment they own and provide for tenants use in domestic premises. An RGII engineer should be able to show proof of their membership - this is clearly marked on the back of the engineer's registration card.

Back to top

Should I provide my tenants with a carbon monoxide (CO) alarm?

www.weblettings.ie strongly recommends the use of CO alarms as one useful precaution to give tenants advance warning of CO in the property. Importantly alarms should not be regarded as a replacement for regular maintenance and safety checks by a RGII engineer. CO alarms cost between €20-€40 and can be purchased in most hardware shops. Before purchasing a CO alarm, always ensure it carries a European approval mark, such as a “CE”. CO alarms should be installed and maintained in line with the manufacturer's instructions.

Back to top

What gas appliances do I have responsibilities for?

Any gas appliance that you own and provide for the tenant's use is included in your legal duties. If a tenant has their own gas appliance that you have not provided, then you have responsibilities for parts of the associated installation and pipe work but not for the actual appliance.
There are some good practice measures that you could adopt with appliances that tenants own:

• Send a reminder to the tenant that their appliances should be serviced and checked for safety each year by a RGII engineer and where possible, offer to include these (at reasonable cost) within gas safety maintenance undertaken on your behalf.

• At the start of the tenancy, advise the tenant of any flues or chimneys that are unsuitable for the installation of a gas appliance. You may also wish to consider regulating the installation of any appliance by a tenant through the conditions of the tenancy agreement.

• It is also recommended to include all flues (e.g. chimneys) connected to gas appliances within your landlord's gas safety check, even where they do not serve appliances provided by the landlord. This may also help to fulfil other legal duties under the Health and Safety.

Back to top

What checks should be done between tenancies?

You must visually check the property to see if the departing tenant has either removed appliances unsafely or alternatively left behind their own appliance, which should either be removed or checked for safety by a RGII engineer. The opportunity should be taken to clarify appliance ownership prior to renting the property again.
If you suspect that an appliance could have been tampered with, or there is the possibility of vandalism while a property remains empty, then we recommend you arrange for another gas safety check to be completed by a RGII engineer before giving access to new tenants.
Before you re-let the property you need to ensure that all appliances are safe and have an up to date landlord's gas safety certificate (a copy of which needs to be given to the new tenant); it is also good practice to arrange for the pipe work to be inspected and tested for soundness.

Back to top

How far do I need to go if the tenant prevents access for a gas safety check?

A landlord has to show that they took all reasonable steps to comply with the law. www.weblettings.ie recommends the following best practice in these circumstances and strongly advises that a record be kept of all correspondence with the tenants:

• leave the tenant a notice stating that an attempt was made to complete the gas safety check and provide your contact details;
• write to the tenant explaining that a safety check is a legal requirement and that it is for the tenants own safety. Give the tenant the opportunity to arrange their own appointment;
• Health and Safety inspectors will look for at least three attempts to complete the gas safety check, including the above suggestions; however the approach will need to be appropriate to each circumstance. It would ultimately be for a court to decide if the action taken was reasonable depending upon the individual circumstances.
• It is a good idea to include arrangements for access in the tenancy agreement.

Back to top

What should I do if my tenant's heating and hot water has been switched off due to a gas safety check or maintenance?

If a gas appliance has been switched off by a RGII engineer it is because it is unsafe and should not be used. No matter how inconvenient the situation is for the tenant such action helps to ensure their safety. If a heating appliance has been disconnected then you must provide your tenant with emergency heating, for more information on this contact your local authority whilst arranging for appropriate remedial work by a RGII engineer.

Back to top

Can I keep the Landlord's Gas Safety Certificates electronically?

Yes. So long as the electronic copy is:

• capable of being reproduced in hard copy format when required (e.g. for the tenant/HSA/housing department)
• secure from loss and interference
• Uniquely identifies the gas operative who carried out the safety check e.g. an electronic signature, a scanned signature, a payroll number unique to the operative, the name of the operative etc; the employer needs to have secure systems that link the individual operative to the unique identifier.

A landlord or gas engineer, with the landlord's agreement, may send or give a copy of the electronic record directly to the tenant, providing the tenant is happy with this arrangement and has the ability to access it.

Back to top

I have provided an LPG appliance for a property, does that need to be checked?

Yes, Landlord duties for LPG appliances are the same as for natural gas. The landlord must arrange maintenance by a RGII engineer for all LPG appliances which they own and provide for tenants and have a Gas Safe Registered engineer carry out a safety check carried out at least once every 12 months.

In addition to maintenance, there are some further safety precautions to take with LPG heaters:

• be aware that cabinet heaters need a good supply of fresh air to burn properly so the room must be well ventilated;
• ensure any heaters have an atmosphere sensing device- it will shut the appliance off if the air quality is poor;
• Ensure that the correct size and type of gas bottle is being used.
• Be aware that outdoor heaters and not designed for use indoors.

Back to top

What if I use a managing agent?

If a managing agent is used to help you meet your duties, make sure that the management contract clearly specifies who is to make the arrangements for maintenance and safety checks. www.weblettings.ie strongly advises that you request to see copies of the maintenance information and safety check from the management agency to ensure maintenance has been completed, which will also help to fulfil your other legal duties.

Back to top

What if I break the regulations?

You are putting lives at risk and breaking the law. HSA gives gas safety a high priority and will take the appropriate action to ensure compliance with the regulations; this could result in a substantial fine and/or a custodial sentence.

Back to top

How much will a landlord's gas safety check cost?

www.weblettings.ie has no control over engineers' charges. It is advised that you obtain quotes from three different engineers before hiring someone.

Back to top

What should I do if I smell gas or I am concerned about the safety of any gas appliances?

• If you suspect there is a gas leak you should immediately do the following:
• Call Bord Gais Emergency number: 1850 20 50 50
• Open all the doors and windows
• Shut off the gas supply at the meter control valve (if you know where it is)
• It is illegal for anyone to use a gas appliance if they suspect it is unsafe. Turn the appliance off and do not touch it until it has been checked by a RGII engineer

Back to top

fd