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Jul, 2014

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  1. #1
    Join Date
    Jul 2008
    Location
    Yorkshire
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    24,592

    Default Boiler only : GSC needed?

    There was a post on this forum recently to the effect that if the only gas appliance in a rental property is the boiler, you don't need a Gas Safety Cert.

    Is this true and if so can anyone cite the legislation/regulations which say so?

    Thanks in advance to anyone who knows definitively (and reveals it).
    How is education supposed to make me feel smarter? Besides, every time I learn something new, it pushes some old stuff out of my brain. Remember when I took that home winemaking course, and I forgot how to drive? Homer Simpson

  2. #2
    Join Date
    Feb 2005
    Posts
    838

    Default

    No it is true MTG, but I would be interested in seeing the post though.

  3. #3
    Join Date
    Jul 2012
    Location
    North West
    Posts
    1,739

    Default

    I've just read the Landlord and Tenant Act 1985 under the " repairing obligations" section and I can't see anything there.

  4. #4
    Join Date
    Mar 2009
    Posts
    8,438

    Default

    Boilers usually (?always?) have flues... think you'll need a cert.. see...

    http://www.gassaferegister.co.uk/adv...landlords.aspx
    Landlord's responsibilities

    If you let a property equipped with gas appliances you have three main responsibilities:

    Maintenance: pipework, appliances and flues must be maintained in a safe condition. Gas appliances should be serviced in accordance with the manufacturer’s instructions. If these are not available it is recommended that they are serviced annually unless advised otherwise by a Gas Safe registered engineer.

    Gas safety checks: a 12 monthly gas safety check must be carried out on every gas appliance/flue. A gas safety check will make sure gas fittings and appliances are safe to use.

    Record: a record of the annual gas safety check must be provided to your tenant within 28 days of the check being completed or to new tenants before they move in. Landlords must keep copies of the gas safety record for two years.
    and in the regulations...
    http://www.legislation.gov.uk/uksi/1...lation/36/made
    “relevant gas fitting” means—
    (a)any gas appliance (other than an appliance which the tenant is entitled to remove from the relevant premises) or any installation pipework installed in any relevant premises; and
    (b)any gas appliance or installation pipework which, directy or indirectly, serves the relevant premises and which either—
    (i)is installed in any part of premises in which the landlord has an estate or interest; or
    (ii)is owned by the landlord or is under his control,

    except that it shall not include any gas appliance or installation pipework exclusively used in a part of premises occupied for non-residential purposes.

    But even so I'd not want to be in the local paper as the cheapskate LL who didn't get a GSC done for those poor little dead babies...

    Cheers!
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

  5. #5
    Join Date
    Jul 2012
    Location
    North West
    Posts
    1,739

    Default

    Thank you artful. Yes, it definitely does say that the LL needs a 12m check in that legislation. I think it should be in LL T Act too.

  6. #6
    Join Date
    Nov 2010
    Posts
    5,217

    Default

    Artful, even without looking at flues, the regulations you quotes make clear that GSC is need for any gas appliance.
    ⊂ Unsuitable for nut allergy sufferers ⊃

  7. #7
    Join Date
    Mar 2009
    Posts
    8,438

    Default

    Quote Originally Posted by jjlandlord View Post
    Artful, even without looking at flues, the regulations you quotes make clear that GSC is need for any gas appliance.
    Thanks jj: I was thinking (& maybe mtg..) that "appliance" did not include boiler but looking at S2 of the regulations...
    http://www.legislation.gov.uk/uksi/1...ulation/2/made

    “gas appliance” means an appliance designed for use by a consumer of gas for heating, lighting, cooking or other purposes for which gas can be used
    - so yup, boiler is an appliance (at least for that usage.... ... )
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

  8. #8
    Join Date
    Jul 2008
    Location
    Yorkshire
    Posts
    24,592

    Default

    So it's not true after all?

    This is the post I was referring to:

    Quote Originally Posted by mariner View Post
    If boiler working at start of T, then LL has repairing liability.
    Unless boiler is the only gas appliance in property, then an annual GSC is still required.
    but jjl thought mariner might have meant that a GSC would still be needed in this case (if LL decommissioned the boiler as he planned to) as the other gas appliances would still need one.

    http://www.landlordzone.co.uk/forums...ghlight=boiler
    How is education supposed to make me feel smarter? Besides, every time I learn something new, it pushes some old stuff out of my brain. Remember when I took that home winemaking course, and I forgot how to drive? Homer Simpson

  9. #9

    Default

    Quote Originally Posted by mind the gap View Post
    There was a post on this forum recently to the effect that if the only gas appliance in a rental property is the boiler, you don't need a Gas Safety Cert.

    Is this true and if so can anyone cite the legislation/regulations which say so?

    Thanks in advance to anyone who knows definitively (and reveals it).
    If you only have one gas appliance - such as a boiler - and that appliance is newly installed then you do not need a Landlord's Inspection. You will need a landlords inspection within 12 months.
    But, if you have other pipework - perhaps serving appliances supplied by the tenant (such as gas cooker) - you will require annual gas safety inspection.

  10. #10
    Join Date
    Nov 2012
    Posts
    464

    Default

    Basically it is more or less ok to not have anything done at all..................until something goes wrong, then you ask yourself whilst doing a 5 year sentence was it all worth it for saving £50

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