Gas Safety Certificate

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    Gas Safety Certificate

    I have a bit of a dilemma. I own a rental property where the gas safety certificate expires soon. Due to a water leak, insurance works are being undertaken at the property, including removal of the kitchen with gas hob and oven, and the tenants have been put into alternative accommodation until the works have been completed.

    The property will not be ready for the tenants to move back into until after the expiry of the current GSC but it is an offence for a tenanted property to have no valid GSC in place. I am not able to get a new GSC now because the gas appliances have been removed and they will not be reconnected until after the expiry of the current GSC.

    Since there is a tenancy agreement in place then is the property legally considered as tenanted even though the tenants are living in alternative accommodation? If so, then am I causing an offence by not having a GSC during the time of the works and would it affect any future S21 notice?




    #2
    I wouldn't worry about it. Just make sure you get the GSC done before the tenant moves back, and give tenant a copy.

    Comment


      #3
      I imagine you’ll be OK. I would have thought that there’s an argument to be made that the appliances, fittings and flues don’t need to be covered by a GSC because you’re not providing them for use by the tenant at this time.

      Even if that’s not the case, there’s an interesting couple of clauses in the gas safety regulations:

      (2) Subject to paragraph (3), the landlord may ensure that an appliance or flue is checked for safety within the 2 month period beginning with the deadline date, instead of checking it within the 12 month period ending with that date.

      (3) The discretion conferred by paragraph (2) may be exercised –
      (a) only once in relation to each appliance or flue in the relevant premises; and
      (b) only in order to align the deadline date in relation to the next safety check of that appliance or flue with the deadline date in relation to the next safety check of any other appliance or flue in the same relevant premises.

      In other words, you can postpone to check of an appliance or flue for up to two months in order to align it with the safety check of another appliance or flue.

      So, assuming that you are going to have some new appliances fitted and that the work will be finished within two months of the GSC expiring, I think you can delay checking what’s currently in the property on the basis that you’re aligning it with the deadline for checking the new appliances that will be installed soon.

      But, you know, I’m not an expert on this!

      Definitely ensure you have everything checked and issue the tenant with a new GSC before they move back in.

      Comment


        #4
        Thanks for the replies.
        I am not providing any new appliances so unfortunately that does not apply in my case.

        Comment


          #5
          Don't worry about it.

          No one is occupying, and you're doing works that involve modification to related appliances, you must be allowed to finish the works before checking if the works is safe. Just make sure a copy is done and given before the tenant reoccupy.
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          I do not answer questions through private messages which should be posted publicly on the forum.

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