Gas Safety: Your questions answered

In our recent webinar, Gas Safety: Standards, Compliance, and Assurance, our panel of experts shared valuable insights on keeping your gas safety practices compliant and up to date. The session generated a variety of questions that our experts have collated and answered below. Topics include the importance of a Landlord Gas Safety Record (LGSR), annual gas safety checks, and best practices for access and compliance. You can catch up on the full webinar on-demand here.

Q: Are we compliant if a tenant removes an alarm after installation? What about missing alarms that are reported mid-year after the annual LGSR and tenancy checks? 

A: If an alarm is found to be defective or removed, regardless of how or why it was removed, the responsibility falls on you as the landlord to replace or repair it. From a legislative and regulatory standpoint, you must ensure alarms are present and functional.

Additionally, you would be liable under the HHSRS (Housing Health and Safety Rating System), if you have been notified that it’s been removed or not working.

[Webinar time stamp – 34:09]

Q: Can an LGSR be completed after its expiry date if booked with an engineer before the expiry? 

A: No, there are no allowances for completing the LGSR after the expiry date. To meet legal requirements:

• The inspection must be completed before the expiry date of the current LGSR.
• If access issues have delayed the inspection beyond the deadline, you must provide evidence of your reasonable practicableness to gain access.

Failure to complete the inspection on time, even if it is scheduled, leaves you potentially non-compliant with regulations.

[Webinar time stamp – 36:13]

Q: If a property has the gas capped or the meter removed, do I still have to conduct an annual check? 

A: Yes, if the gas is simply capped within the property and the meter remains, the gas supply is still connected, and you are legally required to conduct an annual gas safety check, as a minimum, under gas regulations.

However, if the meter has been completely removed and the gas supply disconnected at the property, this falls outside your legal responsibilities. In such cases, the utility company or network operator assumes responsibility, and no checks are required.

Best practices for gas-capped properties include conducting six-monthly checks. During these checks, you should also assess the welfare of the tenant, as you have a legal obligation to provide heating and hot water. Organisations have also started implementing programmes to undertake property health checks across all of their stock, where they conduct whole-house assessments every 12 months to satisfy any uncertainties within the properties.

[Webinar time stamp – 37:03]

Q: If a property's gas meter has been removed but the gas supply remains connected, does it still require an annual inspection to ensure the meter hasn't been reinstalled? 

A: To simplify, everything after the meter is the landlord’s responsibility, while everything before the meter falls under the service provider’s jurisdiction.

In properties such as blocks of flats, some units may have active gas connections while others do not. If a gas supply remains at the property but is not regularly checked, there is always the risk that the gas meter could be reinstated without your knowledge, potentially turning what is recorded as a non-gas property into a gas-connected one. If there is any installation after the meter, you are legally obligated to ensure it is maintained and inspected regularly.

[Webinar time stamp – 39:42]

Q: At what level should organisations hold data? Should it be at a component level (e.g., boiler, gas, heater etc.), or a higher level? 

A: This can be addressed from two perspectives:

Gas Compliance Perspective
You must ensure compliance with Regulation 36 by completing annual LGSRs. The programme for this can be relatively straightforward, requiring:

• A list of properties with and without gas.
• Inspection due dates for each property.

Asset Management Perspective
For asset management purposes, it should hold a level of detail that identifies the boiler, type, condition, age etc. Although it’s not a legal requirement to hold this level of component data, it’s essential for organisations to do so to effectively manage programmes, budgets, and plan for future investment regimes. This can also identify patterns, such as frequent boiler replacements, which might indicate recurring faults or issues.

[Webinar time stamp - 41:45]

Q: What are best practices for gaining access to properties when tenants refuse entry? Is controlled access a viable option for organisations? 

A: As a landlord, you are legally obligated to ensure access for inspections, even if a tenant denies entry. Tenant refusal is not a valid defence for non-compliance. Regulatory requirements mandate that landlords demonstrate they have taken reasonable steps to gain access. Courts expect to see proactive and persistent efforts beyond mere correspondence. These are the best practices for gaining access: 

• Make three attempts to access the property.
• Begin the process at least 90 days before the inspection due date (or 60 days for the MOT-style gas safety checks). This allows time for multiple attempts and, if necessary, legal proceedings to secure access.
• Sending three appointment letters is not considered reasonable. Efforts should include:
  • Multiple letters and follow-ups.
  • Phone calls and text messages.
  • Cold calling at the property.
  • Engaging next of kin or other points of contact.

Tenancy investigation is also a crucial aspect of attempting to gain access. If all reasonable steps have been taken to gain access, this often prompts the start of a legal process, which is accompanied by a tenancy investigation. They can uncover situations where the property is unoccupied, avoiding unnecessary legal proceedings. In such cases, issuing a notice to quit may be sufficient to regain access. Evidence gathered during tenancy investigations should contribute to your overall portfolio.

If this fails, you have two access procedure options: the legal process or the controlled process.

Legal process: This is the process of getting a mandated injunction or warrant from the courts. They will give you access to that property and everything is bound by the legal decision from the court.

Controlled process: Gaining controlled access is not legally allowed; however, some organisations will do this based on a balanced risk approach and whether the gas safety risk is severe enough to call for this. If you are following a controlled access process, we would recommend mirroring the legal process, including going through no-access procedures, building up your body of evidence, and doing tenancy investigations.

Controlled access should never involve a simplistic approach, such as turning up with a locksmith and bailiff once the legal gas servicing certificate has expired. Instead, it must be backed by a body of evidence, demonstrating due diligence and aligning with safety priorities.

[Webinar time stamp - 43:24]

Q: Can I cap off a property with an external meter if many visits, letter, phone calls etc. have been made? 

A: Under the gas safety regulations, this is acceptable. However, you also have a responsibility under regulations like the Housing Health and Safety Rating System (HHSRS), Landlord and Tenant Act 1985, Homes (Fitness for Human Habitation) Act 2018, and Health and Safety at Work etc. Act 1974 to make sure tenants are safe in their properties. This extends to heating and hot water as well. Therefore, we wouldn’t recommend externally capping properties without a very thorough process and investigation of the individuals in the property.

[Webinar time stamp – 50:48]

Q: What are my requirements under Regulation 8 of the Gas Safety (Installation and Use) Regulations 1998? 

A: Regulation 8 is around undertaking other works in the property; for example, during kitchen and bathroom works, you’re not allowed to disturb gas.

To comply with Regulation 8, conducting a risk assessment is crucial as part of the initial property entry and validation process. This assessment should identify components such as kitchens, bathrooms, or windows whilst also considering potential environmental risks. For instance, during the risk assessment, if there is a gas appliance or boiler located in the kitchen, this must be noted, and appropriate control measures should be put in place. This ensures that potential hazards are addressed proactively before work begins.

Following the risk assessment, you must apply control measures during the project, and conduct final checks to ensure the gas hasn’t been damaged and to validate the safety and integrity of installations.

[Webinar time stamp – 54:30]

Q: Is the MOT style of gas servicing widely used? 

A: From our experience, we see about 1 in 10 organisations using the MOT style. Adopting MOT-style gas servicing allows engineers to visit a property any time between 10 and 12 months since the last annual gas safety check whilst still retaining the original service date.

The MOT style can be a cost-saving exercise, meaning organisations can save approximately two months annually. However, this time saving is purely reliant on gaining access on the first attempt at the start of the 10^th month, completing your LGSR, fulfilling the MOT, and then potentially getting 14 months before you have to go back to the property.

If you are considering implementing the MOT style, it should be system-based, particularly on a reliable system that can fulfil MOT. If you are not completely satisfied that your systems are capable of tracking, monitoring, and updating re-inspection dates accurately, the risk of becoming non-compliant outweighs the potential cost savings.

[Webinar time stamp – 56:23]