Landlords’ gas safety obligations during lockdown

Landlords’ gas safety obligations during lockdown remain unchanged

Despite the ongoing COVID-19 pandemic, social landlords still need to meet their statutory inspection obligations. Gas Safety inspections must be carried out as usual and certification needs to remain compliant. But how is this possible if tenants won’t let you into the rental property to carry out these checks and what other issues might there be?

Potential issues

Obviously, the biggest issue when trying to fulfil landlords’ gas safety obligations during lockdown is that of tenants refusing access as they are either shielding or self isolating. Other issues include:

• A shortage of Gas Safe registered engineers – many are now working flat out to catch up on work postponed during full lockdown. Some landlords are having to use external engineers as any in-house contractors are too busy
• What paperwork is required in terms of risk assessments/breached certificates if inspections cannot be carried out
• What a landlord should do in terms of enforcement if a tenant continues to refuse access

Steps to take

In order to comply with landlords’ gas safety obligations during lockdown, you should take the following steps if you cannot gain access to the rental property:

Risk assessment

This document should include:

• Type and age of gas appliance
• Information regarding any previous maintenance carried out on the appliance
• Breakdown history
• Presence of CO alarms
• Details about the tenant – are they regarded as vulnerable for any reason other than risk from COVID-19? If so, has any pre-existing condition been exacerbated?

Contact the tenant

You should write to the tenant explaining that you and/or the Gas Safe engineer will adhere to all necessary precautions when accessing the property, including PPE. Advise them that they should isolate in a room or garden if possible, when work is being carried out. Explain that refusing access is a breach of their tenancy agreement and that annual gas safety inspections are a statutory requirement. Inform them that if access continues to be denied, court action may follow. 

Enforcement

Landlords have tools available to ensure that tenants are compliant when it comes to accessing rental properties during lockdown, which can be used as and when appropriate. 

Please note that statutory Notices for Possession have all been extended to three months, plus the stay on possession proceedings have been extended until August 23^rd 2020, which means that these notices are ineffective when it comes to essential gas repairs and inspections. 

However, access injunctions are still being issued and dealt with by courts; provided the application has been made before the gas certificate expires, once issued, you will be able to prove to the Regulator that you have done everything possible to remain compliant. 

COVID-19 shouldn’t impact essential gas work – just the way it’s carried out

Government advice states that gas work can still be carried out even if tenants are clinically vulnerable, as long as the necessary PPE, hygiene and social distancing precautions are taken. This work includes gas safety inspections, essential maintenance and repair works. 

Ultimately, landlords’ gas safety obligations during lockdown remain unchanged and shielding and self isolating should not have an impact on necessary maintenance, repairs and inspections – it’s just the way they’re carried out that has changed. 

We hope you found the article ‘Landlords’ gas safety obligations during lockdown’ of interest. For more information regarding our gas training and assessments, please contact Gas Training & Assessment today.