Gas Safety Certificates must be supplied for all Rented Properties

Article

07 July, 2009

One of the main duties of a landlord is to carry out an annual safety check and service of any relevant gas appliances in a rented property. This is to ensure that any deficiencies are identified and dealt with relatively swiftly.

Management of Houses in Multiple Occupation

Under the Management of Houses in Multiple Occupation (England) Regulations 2006 (SI 2006/372), additional duties are imposed upon those managing properties in multiple occupation (HMOs). An example of a HMO (which is defined in section 254 of the Housing Act 2004) could include a block of flats rented out to tenants, or large house converted into individual bedrooms with communal areas.

The Regulations state that parties managing these properties must provide the local authority with the latest gas appliance test certificate for any gas appliance in the HMO, if requested to do so.

The 2009 Regulations

Introduced on 13 April 2009, the Houses in Multiple Occupation (Management) (England) Regulations 2009 (SI 2009/724) has amended the 2006 Regulations so that the duty to provide a certificate extends to managers of HMOs which fall within the definition of section 257 of the Housing Act 2004.

Section 257 applies to a building, or part of a building, which has been converted into and consists of self-contained flats, if:

  1. The conversion work did not and does not comply with building regulations; and
  2. Less than two-thirds of the self-contained flats are occupied by the leaseholders under leases of more than 21 years or are in freehold ownership.

Prior to the commencement of the 2009 Regulations, HMOs which fell into the section 257 category were not subject to the 2006 Regulations. The latest set of Regulations has brought them to within its scope.

Summary

For more information and assistance on these issues, please contact the Housing Litigation Department at Forbes Solicitors on 01772 220200 or contact Stuart Penswick by email.

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