New tenanat wants to bring his own gas cooker

by Readers Question

12:12 PM, 25th August 2016
About 2 years ago

New tenanat wants to bring his own gas cooker

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New tenanat wants to bring his own gas cooker

New tenanat wants to bring his own gas cooker

I have a new family moving in 1/10/2016 who wish to bring there own gas cooker.

Do I have any legal responsibility to get the tenants own gas cooker they want to install gas safety checked or is it their responsibility to use a gas safe installer of cookers?

I appreciate that I need a gas safety certificate due to having a gas boiler system at the property but my question is whether I will need to get another one after the tenant has installed their own gas cooker.

Thanks

Andy – Accidental Landlord.



Comments

DC

13:14 PM, 25th August 2016
About 2 years ago

You are not responsible.

Here is a link to HSE site that should clarify for you.

http://www.hse.gov.uk/gas/domestic/faqtenant.htm

Charles King - Barrister-At-Law

15:04 PM, 25th August 2016
About 2 years ago

The answer is "yes" Andy

This is what the Regs actually say:

"(2) Every landlord 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.

(3) Without prejudice to the generality of paragraph (2) above, a landlord shall—
(a) ensure that each appliance and flue to which that duty extends is checked for safety within 12 months of being installed and at intervals of not more than 12 months since it was last checked for safety (whether such check was made pursuant to these Regulations or not)"

Romain Garcin

16:21 PM, 25th August 2016
About 2 years ago

Reply to the comment left by "Charles King - Barrister-At-Law" at "25/08/2016 - 15:04":

The key is 2(a) "any relevant gas fitting", and in 3(a) is "to which that duty extends".

" “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; "

So as DC pointed out the tenant's appliances are excluded.

However, a landlord may want to carefully check the terms of his insurance cover.

Charles King - Barrister-At-Law

16:39 PM, 25th August 2016
About 2 years ago

Reply to the comment left by "Romain Garcin" at "25/08/2016 - 16:21":

Good luck in arguing that an oven is not a fitting! Better to avoid tenant and house going up in a fireball

Romain Garcin

19:40 PM, 25th August 2016
About 2 years ago

Reply to the comment left by "Charles King - Barrister-At-Law" at "25/08/2016 - 16:39":

It is a fitting, but in this case it is one "which the tenant is entitled to remove from the relevant premises", so it is not a "relevant gas fitting" for the purpose of the regulations.

Steven Burman

8:46 AM, 26th August 2016
About 2 years ago

I think the fact that Charles and Romain, who are obviously very experienced contributors to this forum, cannot agree shows how ambiguous the regulations are. Perhaps the best compromise is to explain the situation to the prospective tenant and allow them to install and use the cooker on the condition that they pay for a re-inspection/certification. The cooker will then be included in any subsequent annual safety inspections carried out on your behalf?

Mark Alexander

8:51 AM, 26th August 2016
About 2 years ago

Very wise

Marlena Topple

9:28 AM, 27th August 2016
About 2 years ago

We have gas boilers and cookers in a number of our properties. It costs a few pounds more to have the cooker inspected. Why not include the cooker for your peace of mind? Issues could arise if the cooker needs work to pass an inspection or is condemned so I would include a clause about mandatory gas safe inspection and tenant accountabilities in case of failure.

Romain Garcin

10:20 AM, 27th August 2016
About 2 years ago

The point is that the tenant's gas appliances are excluded from the regulations so that the landlord has no legal obligation towards them.

This also means that these appliances have no impact on the landlord's gas safety certificate. As long as the landlords' appliances and flues are found to fine then the landlord has a good certificate.

As said, there may be issues with the landlord's insurance. And if those appliances are checked by the landlord's engineer I am wondering what are the implications for the landlord if a safety defect is found.

The simplest would be to disallow tenants' gas appliances.

The safest way to proceed with allowing them and adding specific clauses in tenancy agreements would be to seek legal advice on the issue and drafting.

Kate Mellor

17:06 PM, 27th August 2016
About 2 years ago

I agree with Romain that this cooker would not fall under the banner of 'a relevant gas fitting' for the regulations.

If I were to agree for a tenant to install their own gas cooker I would only consider allowing it only on the following terms if I were in your position.

I would have all correspondence in writing and keep copies with the AST. First the tenants request to install their own gas cooker should be made in writing detailing the make & model.

Then your letter setting out your response agreeing on only on the following terms: (My terms would be) that they have the appliance fitted and tested by a gas safe engineer and a copy the the certificate provided to you as proof. (You've then ensured that the appliance is safe at the time of fitting at no cost to you) this certificate should satisfy your insurers. I would then stipulate that you require an annual gas safe check at the tenants expense. You would offer to include the appliance on your annual gas safety inspection on behalf of the tenant, however you would invoice the tenant for the cost of the additional appliance which will be approx £15 per annum but may vary depending on the engineers current rates (many engineers charge per gas appliance). I would spell out that this appliance will remain at all times the property of the tenant and as such any repair and maintenance will remain their responsibility and must be carried out immediately that it becomes necessary by a gas safe engineer. If the appliance fails its annual check they must authorise the engineer to carry out the repairs, or he/she will be required to cap off the appliance until such repairs are carried out and the appliance successfully retested. At the end of their tenancy they must pay for its safe removal and the reinstatement of your existing cooker by a gas safe engineer. (You would be wise to arrange storage of your appliance yourself during the tenancy). You should include the agreement that any fair and reasonable charges incurred by you to remedy any breach of these terms will be repayable by a claim made against the tenants deposit on the conclusion of the tenancy. I would require them to sign and date the letter to show their acceptance of your terms. I wouldn't try to incorporate this into your AST, I'd make it a separate agreement with the tenants to sit alongside the AST.

This way you have ensured the safety of your tenant & your property as much as you can. You have written evidence of what was agreed between you and your tenant & proof via gas safe certificates of the appliances safety.

You can alway so "No" to tenants requests, but in my experience it's often better to go to the extra effort & allow them where possible, but on your own specified terms. What often happens when you just say a blanket "No" is that they do just what they want anyway, but you have no protection in place. In this example, you later find out that they've had Uncle Bob fit ithe cooker behind your back, they've left your cooker out in the rain & they never let you in for an inspection, or your gas safe engineer in to do your annual cert. because they don't want you to find out. When the engineer eventually gets access you get a fail on your cooker and either pay for the work thinking its your own cooker that was faulty, or you twig when your engineer tells you that it's a wonder the place never blew up...Okay, I may be getting carried away there, but you take my point. Alternatively, they may take the property and then move on after 6months when they've found somewhere that lets them have the cooker they want...hey presto another void period for you.

It's just an opinion for you to consider, I'm not advising what YOUR decision should be, that's for you to make after considering all the angles. You may think it all sounds like too much trouble & to be honest if you have an option of taking a different tenant who otherwise measures up then you should probably take the easier tenant. I'm not even saying I'd definitely agree myself, but if I did, that is how I'd go about it.


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