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Health and Safety Executive outlines steps landlords must take to carry out gas checks during pandemic
The Health and Safety Executive (HSE) reiterated that gas safety checks must be carried out in order to protect tenants’ safety and has given further guidance on steps they must take when they incur problems gaining access.
Previous guidance from the HSE said that landlords must show they have taken “reasonable steps” to attempt to gain access to a property but have been prevented due to tenants self-isolating.
The HSE, via the Gas Safe Register, has now issued examples of what “reasonable steps” are in a range of scenarios.
The advice for social housing landlords said that “suspension of all gas safety checks is not permissible, as it will unnecessarily put tenants at increased risk, particularly as people are spending all/most of their time at home”.
The HSE said that each property should be considered on a case-by-case basis and when gas engineers are unavailable landlords must take reasonable steps to obtain alternative services.
Where this is not possible, landlords must prioritise based on: age of appliances, previous work carried out, breakdown history, presence of carbon monoxide alarms, and whether the tenant is considered vulnerable.
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Further examples include:
- Vulnerable person, shielded or self-isolating tenant. A tenant falls under government’s “vulnerable” or “shielded” category and refuses entry to avoid face-to-face contact. It could also be that a tenant is self-isolating after displaying symptoms. Landlords must rearrange the check for as soon as possible after the isolation period. Records of all correspondence, including emails and texts, must be kept.
- Tenant and family are socially distancing – they have no symptoms but deny access. Landlords must show they have taken reasonable steps including: leaving the tenant a notice explaining that an attempt was made and write to the tenant explaining that it is a legal requirement. A record of all communication must be kept.
- Tenant’s household is in isolation or has vulnerable or shielded person but have contacted regarding a gas emergency. Landlords should ask what the emergency is and tell them to switch off appliances until an engineers has attended. When visiting the property, the engineer must adhere to government guidance on working in people’s homes.
- Gas safety check is due but landlords are unable to secure an engineer due to staff shortage. If the usual gas engineer will not carry out the gas safety checks, the organisation should contact an alternative registered gas engineer businesses to secure their services.
- Landlord gas safety check expires in two months and there may be difficulties engaging a gas engineer or dealing with tenants in self-isolation. Landlords are encouraged to arrange gas safety checks as early as possible, the two-month period to carry out annual gas safety checks should provide adequate resilience in most situations.
The HSE has come under pressure recently to extend gas safety checks from 12 to 18 months in order to prevent further spread of COVID-19, but it is yet to grant any extension.
Claire Heyes, chief executive of Corgi Technical Services, who has been lobbying government for an extension, said she expects most landlords will already be taking these steps.
Ms Heyes added: “The sheer scale and duration of the issues may make these offered solutions problematic. However, recording decision-making processes, communications and following the decision tree of reasonable steps will offer landlords a level of protection.
“It would also be helpful for the government to address the issue of the duty of care to ‘employees’ under the Health and Safety at Work Act during COVID-19 as well as PPE [personal protection equipment].”
Ms Heyes said that Corgi Technical Services, whose members include roughly 800 housing associations and local authorities, will continue campaigning for gas certificate extensions following support from local MPs.
