Gas safety complaints are safety issues first and complaint-handling issues second. If there's any suggestion of a gas leak or carbon monoxide, the tenant should be told to call the National Gas Emergency number straight away.
What regulation 36 requires
For most residential lettings, regulation 36 of the Gas Safety (Installation and Use) Regulations 1998 requires the landlord to:
- ensure gas appliances, fittings and flues they provide are maintained in a safe condition;
- have each appliance and flue checked for safety at least every 12 months by a Gas Safe registered engineer;
- keep a record of each check for at least two years;
- give a copy of the record to existing tenants within 28 days of the check, and to new tenants before they move in.
Where a letting agent has taken on these duties under the management agreement, the agent can also be responsible. The Health and Safety Executive enforces the regulations.
Common points of dispute
- A check done late (more than 12 months after the previous one).
- The tenant not having been given the record, or not within 28 days.
- An appliance condemned or turned off, and how quickly it was dealt with.
- Access: the landlord must take all reasonable steps to get the check done. Keep a record of attempts.
Records to pull
- Current and previous gas safety records, with dates.
- Proof of when and how each record was given to the tenant.
- Access attempts and correspondence.
- Any engineer reports of defects, and follow-up works.
Answering it
Give the dates plainly: last check, previous check, when the tenant received the record. If a check lapsed or a record wasn't provided, say so and put it right immediately.
Casebriar separates a tenant complaint into its issues, checks the legal claims it covers against legislation.gov.uk and lists the records you’ll need. It’s in a free pilot with letting agents in England.
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