The HSE has provided further guidance on all steps that landlords should take in the current climate as they face problems gaining access to carry out the annual gas safety checks.
The previous HSE guidance stated that landlords had to show that they have taken all reasonable steps to gain access to properties to carry out the annual gas safety checks where they have been prevented from doing so due to tenants self-isolating. The HSE has now issued examples, via the Gas Safe Register, to define those reasonable steps:
The advice for social housing landlords, and the same must apply for private landlords, said that: “suspension of all gas safety checks is not permissible, as it will unnecessarily put tenants at increased risk, particularly as people are spending all/most of their time at home”.
Each property should be considered on a case by case basis and where your regular gas engineers are unavailable, reasonable steps must be taken to obtain alternative engineers.
If it’s not possible to engage alternative engineers, then landlords must prioritise on the basis of age of appliances, previous work carried out, breakdown history, presence of carbon monoxide alarms, and whether the tenant is considered vulnerable.
Further examples from the HSE include:
- Vulnerable person or a shielded or self-isolating tenant – a tenant falls under the government’s “vulnerable” or “shielded” category and refuses entry to avoid face-to-face contact. It could also be that a tenant is self-isolating after displaying symptoms. Landlords must rearrange the check for as soon as possible following the isolation period. Records of all correspondence, including emails and texts, must be kept.
- Tenant and family are socially distancing – they have no symptoms but deny access. Landlords must show they have taken reasonable steps, including leaving the tenant a notice explaining that an attempt was made and writing to the tenant explaining that it is a legal requirement. A record of all communication must be kept.
- Tenant’s household is in isolation or has vulnerable or shielded person but have contacted regarding a gas emergency – landlords should ask what the emergency is and tell them to switch off appliances until an engineer has attended. When visiting the property, the engineer must adhere to government guidance on working in people’s homes.
- Gas safety check is due but landlords are unable to secure an engineer due to staff shortage – if the regular gas engineer will not carry out the gas safety checks, the organisation should contact an alternative registered gas engineer to secure their services.
- Landlord gas safety check expires in two months and there may be difficulties engaging a gas engineer or dealing with tenants in self-isolation – landlords are encouraged to arrange gas safety checks as early as possible. The two-month period to carry out annual gas safety checks should provide adequate resilience in most situations.
We understand that the HSE has come under pressure recently to extend gas safety checks from 12 to 18 months in order to prevent further spread of COVID-19, but it is yet to grant any extension.
It is still possible to make an application to the Court for a gas safety injunction in the usual way and landlords should not feel that they cannot make these applications in the current climate.
