Who is responsible for gas safety checks?

[Dave77]

I own a leasehold flat in a building of four flats. Two of the other flats are owned by the freeholder who lets them out to rent paying tenants.

My lease (dated 1961) states that the freeholder must keep the building insured at all times from such risks that would normally be in a comprehensive insurance policy.

I understand that the freeholder is definately responsible for checking the gas appliances in his own two flats which he lets.

I am unsure however, if he is also responsible for ensuring that my own gas boiler and appliances are checked annually.

In simple terms, because I own the boiler, does this make me responsible for ensuring that its checked/maintained, or is the onus on the freeholder?

If the responsibility lies with me, should the freeholder not have requested a copy of the saftey certificate?

Another a question I would like to ask, picture a scenerio where say damage was done to the entire building through a faulty gas appliance within one of the flats owned by the freeholder. If the flat containing the faulty appliance did not have a valid gas certificate, would this mean that any insurance claim would be invalid on the building as a whole??

One more question, do I have a right as a leaseholder to examine gas certificates for the other three flats in the building.

I would be very grateful for any help. The freeholder has just changed insurer, I have noted that the appliances must be checked annually. I just want to know where I stand in light of this.

[specialist]

I would recommend you do your your own certs at least you know it was beem done and would avoid any issues YOU MAY FIND THIS INTERESTING TOO


Flat owners at risk of having dual insurance

Sarah Hills

Flat owners may be individually insuring their property in a block of flats with some direct insurers; a move that one broker believes amounts to unethical practice.

Neil Cook, of independent intermediary Delite Insurance Agency, claimed that taking out individual building cover for a flat in a block was unethical and accused some direct writers of mis-selling cover.

He commented: "This leaves major issues about reinstatement, if there is a claim for example, and it is also not giving good advice. The public needs to be made aware of this and brokers should also be aware and use it as a tool to get back into the market."

Mr Cook became aware of the problem when managing the insurance for a client's premises: "I was surprised when he said his bank had persuaded him to take out building cover when he arranged his mortgage with them four years ago. This was despite living in a flat that was part of a block of eight.

"Lenders are not supposed to insist that you take out building insurance, but word their letters to make you think that you should."

Traditionally, a flat is insured as part of the block and often flat owners pay insurance as part of their service charge: "I have heard of cases of insurance being paid as part of the service charge and charged by the lender too," added Mr Cook. "It is overly unnecessary and complicated if people are enticed to insure single flats because they don't realise that they may already be covered. I would say that about 25% of flat owners are dual insured."


specialist@delite insurance.co.uk

[Poppy]

I own the boiler, does this make me responsible for ensuring that its checked/maintained, or is the onus on the freeholder?
If the boiler is installed within the flat and/or supplies just that flat, then the lessee is responsible for maintaining it.

Gas safety checks must be carried out annually by CORGI-registered engineers if you let the flat to tenants.

If you are an owner occupier it is advisable to service your boiler regularly, but it is not a statutory requirement.

Another a question I would like to ask, picture a scenerio where say damage was done to the entire building through a faulty gas appliance within one of the flats owned by the freeholder. If the flat containing the faulty appliance did not have a valid gas certificate, would this mean that any insurance claim would be invalid on the building as a whole??
If the faulty appliance was in a let property requiring annual certification, then Yes quite probably.


One more question, do I have a right as a leaseholder to examine gas certificates for the other three flats in the building..
The answer lies in your lease. What does your lease say with regard to access to other properties for enforcement/compliance purposes.

[Poppy]

Specialist what's with the troll-like agenda-pushing posts? If you continue, I shall complain to the moderator.

[Dave77]

Thank you once again Poppy for answering my queries. The latter question was aimed at my right to actually view copies of the gas certificates for the other three flats ( I would assume the freeholder should have these), rather than my right to actually access any of the properties.