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Changes to Landlord Gas Safety Regulations

Changes to landlord regulations in regards to Gas Safety are due to come into effect in April 2018. Regulation 36 of Gas Safety (Installation and Use) Regulations 1998 requires landlords of residential premises which are let to carry out gas safety checks on an annual basis.

A copy of the Gas Safety Certificate must be given to the tenant on entry and within 28 days of the annual check. A copy must also be retained by the landlord for 2 years.

However the new provisions provided by The Gas Safety (Installation and Use) (Amendment) Regulations 2018 No. 139, allow landlords a certain degree of flexibility when ensuring they meet their obligations under these regulations.

The change allocates a “deadline date” to each gas appliance or flue within the scope of the regulations and allows landlords to carry out their annual gas safety checks between 10 and 12 months from the date of the last check but retain the deadline date. This operates in a similar way to the provisions that already exist for car Ministry of Transport tests (MOT’s). In addition, a one-off flexibility is permitted to allow landlords’ to realign the dates of safety checks on existing appliances and a new appliance within 12 months of its installation.

It is estimated that this change will save businesses, charities, voluntary bodies and housing associations £238.66 million over a 10 year period.

Landlords do not have to take advantage of the new flexibility as long as they are meeting the legal minimum requirements. Failure to comply with the legal minimum requirements is a criminal offence.

It is worth noting that commercial properties are different and expert advice should be sought regarding this matter.

More information can be found here: https://www.legislation.gov.uk/uksi/2018/139/pdfs/uksiem_20180139_en.pdf

If you have any questions relating to this article, please contact Ian Barnes on 01978 291000 or email [email protected]

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The professional rules relating to solicitors' firms, including the Code of Conduct can be accessed on the website of the Solicitors Regulation Authority at www.sra.org.uk

Allington Hughes Law is a trading name of Allington Hughes Limited. Registered office is 10 Grosvenor Road, Wrexham LL11 1SD

Registered in England and Wales. Company registration number 07831162.

Authorised and regulated by the Solicitors Regulation Authority number 597867

V.A.T. registration number 166 8213 93