November 21, 2024

How to Ensure Gas Safety in Shared Housing (HMO) Properties

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Gas safety is primarily the landlords' responsibility, whatever the type and size of the property. They are legally bound to do so, per the provisions of the gas safety law, formulated and amended from time to time, all over the world, including the UK.

There have been a considerable number of gas accidents in residential, commercial, and industrial units, which necessitated the formulation of the regulatory framework to ensure the safety of people and properties against the potential risks of gas usage. The idea was to ensure the safety of the occupants of a rented residential property and the employees of a commercial or business unit. 

The gas safety regulations are almost identical for all residential properties, including the "House in Multiple Occupations," commonly known as HMO. Sometimes these are also referred to as "Shared Housing Properties." If any HMO uses gas for heating and hot water supply, the gas safety regulations are strictly applicable to them, the landlords being responsible for the effective implementation of the prevalent law. 

Accordingly, they must arrange an annual gas safety inspection and get a valid gas safety certificate. The nature of an HMO is quite different from a conventional residential property; hence the scope of gas safety is critical in such accommodations. 

What is a House in Multiple Occupation (HMO)

A house in multiple occupation (HMO) is an accommodation where more than three persons who do not belong to one family or household live and share the common areas, like washrooms and kitchens. Such an accommodation typically consists of rooms rented out to different people. 

The primary thing in such accommodations is that the tenants must use the same bathroom and kitchen jointly. These HMOs are mostly purpose-built properties. Sometimes a large building is modified and altered to convert it into an HMO. 

Typically, a property will fall under the category of an HMO if it fulfills the following criteria:

  • If it is occupied by three or more individuals who are not the members of one household or family. Here, household means "a Single Person" or a family that comprises couples, children, parents, grandparents, or other close relatives. 
  • If the property is rented out to more than two families.
  • The building offers shared common facilities, including a bathroom and kitchen or kitchenette.
  • A holiday home does not come under the House in Multiple Occupations category. 

Accordingly, the HMOs can be of different types, primarily based on the kind of accommodation available therein, such as:

  • Shared Housing – It is a building comprising residential rooms and a shared bathroom and kitchen, which has to be used jointly by all the tenants.
  • Student Accommodation – It is a property shared by three or more students, rented privately by them, and has a shared bathroom and kitchen.
  • Boarding House – It may be a significant property comprising different rooms with shared washrooms and kitchen facilities. This type of accommodation is generally rented out to various individuals.
  • Bedsits or Bedsitter Rooms - A bedsitter or bedsit is a type of HMO that consists of different single rooms that can be rented out to single individuals with a shared bathroom. 

An HMO may need a license from the local council in the UK. However, it is mandatory only for HMOs with five or more tenants (that might form two families or households). The HMOs are pretty vulnerable to fire incidents; hence the landlords need to ensure the safety of their tenants. 

This can be achieved by strict compliance with various safety protocols, as defined under:

  • Fire Safety Rules
  • Gas Safety Regulations
  • Electric Safety Rules
  • Building and Property Management Laws

Pros and Cons for Landlords of HMOs

  • An HMO may benefit the landlords through higher earnings in the shape of rentals and overall consistency in occupancy. An HMO is rented out to multiple tenants; hence the probability of complete vacancy of the entire building is far lesser.
  • On the other hand, maintenance of the property and compliance with the safety regulations might be complex for the landlords of the HOMs.

Ensuring Gas Safety in Shared Housing (HMO) Properties

Gas Safety in Shared Housing

Gas safety regulations also apply to Shared Housing Properties, commonly called HMOs. Historically, there have been several fire incidents in the HOMs, which necessitates stricter implementation of the safety rules, especially the gas safety rules.

The main set of rules that regulates the use of gas in HMOs is the Gas Safety (Installation and Use) Regulations 1998 and its further amendments from time to time, the most relevant being the Gas Safety (Installation and Use) (Amendments) Regulations 2018. Being a different type of accommodation, as compared to traditional residential properties, the implementation of gas safety rules and regulations needs special attention and vigilance by the landlords, as well as the tenants. 

Here are some critical steps to ensure gas safety in a Shared Housing Property (HMO):

Learn Your Legal Responsibilities

As a landlord of Shared Housing in Multiple Occupations, an HMO, you need to know what is expected from you. To ensure the gas safety of the tenants of an HMO, the landlord must comply with the following rules and regulations:

  • The annual gas safety inspection must be carried out with success. 
  • A registered gas safe engineer can only do this annual gas safety inspection. 
  • A registered gas safe engineer is the one who is registered with the Gas Safe Register, as a qualified gas safety engineer. 
  • After the completion of the annual gas safety inspection, the gas safe registered engineer will issue a gas safety certificate (CP12) to the landlord of the HMO.
  • This certificate is valid for one year and needs to be renewed before its expiry, preferably during the last two months before the current gas safety certificate expires.
  • A copy of the valid gas safety certificate must be provided to the tenants. A copy of this certificate may also be displayed in a prominent place in the building. 
  • The landlord must keep this annual gas safety check record for at least two years for any future reference, especially in case of a gas mishap.

Ensure Regular Inspection and Maintenance of Gas Appliances

In addition to the annual gas safety inspection, it is also essential to ensure the property's and its occupants' safety by regularly inspecting the gas appliances and allied fittings. If any fault or abnormality is observed, immediate rectification must be arranged. Gas appliances, especially boilers often develop various faults and abnormalities in their performance. 

Such a fault may lead to a major disaster, if not attended timely. Hence, it is necessary to keep an eye on the performance of all gas appliances and rectify the faults, immediately. The flues and vents also need regular maintenance and servicing. 

Use Safety Gadgets and Alarm System

Fire, explosion, and Carbon Monoxide poisoning are the common threats associated with gas usage. Fire and explosions often occur when gas leaks out of the gas pipework. Similarly, carbon monoxide poisoning happens when imperfect gas burns in any of the burners. Timely detection of gas leakage and emission of carbon monoxide can avoid such mishaps. 

Gas leak detectors and carbon monoxide detectors can protect the property and occupants from serious consequences. The landlords should therefore arrange the installation of these gadgets in their HMOs to ensure the gas safety of their HMOs. Installation of carbon monoxide alarm systems is also a legal requirement for HMOs.

Other Important Factors to Ensure the Gas Safety of HMOs

  • The landlords should educate their tenants on how to react in case of any fault or abnormality in the performance of gas appliances. 
  • Emergency contact numbers must be displayed at a prominent place in the HMO. These numbers should also be given to the tenants for prompt reporting of any emergency situation in the building. 
  • It is also advisable for the landlords to get their HMOs insured against gas mishaps.

Following the steps mentioned above, may go a long way in ensuring the gas safety of a shared housing in multiple occupations. 

Conclusion

The Gas Safety Regulations of 1998 legally bound the landlords of all types of rented-out properties to ensure the safety of the tenants and the properties against potential risks related to the usage of gas. The same rules are applicable to the Shared Housing in Multiple Occupations, commonly known as HMOs. Hence, the landlords of the HMOs must ensure compliance with the prevalent gas safety regulations, with annual gas safety inspections being a crucial part of their responsibilities towards the safety of the tenants. 

Other key responsibilities of the landlord of an HMO are to obtain a gas safety certificate, give a copy of this certificate to the tenants, and ensure its timely renewal before its expiry. Likewise, the landlords need to ensure regular and timely maintenance of the gas appliances installed in the HOMs. Compliance with the rules and regulations governing the use of gas ensures the gas safety of the HMOs. 

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