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Posted By Robert S Woods
A client's Landlord is charging them for statutory inspections of their central heating and hot water boiler. He says inspections are required under the Health and Safety at Work Act 1974. The company have a service contract for the system.
The boiler is a large version of a domestic type.
As far as I can see it does not fall under any of the regs which would require statutory or recommended engineering inspection.
Comments please
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Posted By holmezy
Sounds like a con to me. Other than regular checks by competent person ie CORGI registered theres no legal requirement. Wont come under pressure systems. I suppose it depends on the lease agreement as to wether the landlord can pass the inspection costs on.
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Posted By MT
Section 36 of the Gas Safety (Installation and Use) Regs 1998 covers duties of Landlords. It states that landlords shall ensure that there is maintained in a safe condition (a) any relevant gas fitting and (b) any flue which serves any relevant gas fitting, so as to prevent the risk of injury to any person in lawful occupation or relevant premises.
Have you got access to the regs? I have a copy here if there's anything else you want to know.
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Posted By MT
Sorry, reading your post again I think I've confused myself. Unless it's CORGI inspection of a gas fuelled heating system, then I don't think it's required.
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Posted By Malcolm Greenhouse
My understanding is that all gas appliances in rented accommodation are subject to an annual test and inspection by a CORGI registered gas engineer who will issue a CP12 certificate if the appliance is fit for purpose.
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Posted By Bob Shillabeer
Interesting subject as I have just had a new boiler fitted in my house. You say there is a requirement for boilers in rented accomodation to be inspected on an annual basis. That sounds like good practice, but, what about privately owned houses is there a need for such safety checks and inspections mandated anywhere?
Bob.
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Posted By Telfie
The landlord has a duty under regulation 36(2)& 36(3) to have ensure the appliance and flue are maintained in a safe condition, if they still refuse
find some news cuttings of fines and even jail for landlords who cause incidents through their neglect
Telfie
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Posted By lewes
A lot of manufacturers will offer say a 2 year warranty providing the appliance is serviced at least once per year. No service and it may invalidate the warranty.
Also, with any new installation you have a "Benchmark" book. A kind of log book for your boiler. You need to have this completed in the event you need to sell a property and it may be a requirement of the sale that the gas appliances have been inspected/serviced annually.
I suppose it also depends on what cost your put your life at. Carbon Monoxide is the silent killer and for the sake of a few ££ is it not worth the cost. Come on, were talking safety here !!!
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Posted By Ron Hunter
I think it's fair to say that Regulation 35 of The Gas Safety (Installation and Use) Regulations 1994 places a "dual duty" on employers and landlords.
Sounds as if in this instance there may be a confusion as to who was to undertake ot organise the actual test - this is usually clarified in tenancy/terms of lease?
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Posted By Brian Hagyard
Am I missing something here?
According to my Copy of the ACOP/Guidance on Gas Safety(installation and Use) Regulations 1998 a landlord is defined as for domestic property only. From the initial posting this is a commercial premises and therefore the duty to ensure the safety of the gas equipment would fall on the employer by virtue of Regulation 35. I admit to not overly conversant with the gas regs.
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Posted By Kate Graham
Your home is your castle, Bob. It's recommended but not required in owner-occupied homes.
Kate
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