The Importance of Gas Safety Certificates for Vulnerable Tenants

The safety of the tenants is a legal responsibility of the landlords. One of the most important safety aspects is the safety of tenants against potential risks of using gas. Gas is a very common energy source worldwide, including the UK. While gas is considered a safer energy source, it cannot be regarded as risk-free. Over the years, many gas mishaps have been recorded, which not only caused financial losses but also resulted in injuries and even deaths in some cases.

Various surveys reflect that many gas accidents have been prevented in recent years due to the implementation of gas safety regulations. It is also revealed that in most cases, gas mishaps occurred due to non-adherence to the gas safety rules by the landlords and tenants.

Hence, gas safety regulations play a crucial role in ensuring the safety of people and properties against the potential threats of using gas. The gas safety law binds landlords to arrange annual gas safety inspections on all the gas appliances installed in their properties, which is a prerequisite to getting a valid gas safety certificate for that particular property.

The gas safety certificates are essential for landlords and tenants.

The Vulnerable Tenants

A vulnerable person can be defined as one who needs protection, exceptional care, and/or special support for his/her life sustenance due to some disability or age factor or any other circumstances inflicting dependence on others.

The phrase, vulnerable, finds its roots in the Latin word "vulnus," which can be translated as "wound." Accordingly, the term vulnerable is used for a person who is at risk of being wounded. So, in a broader sense, a vulnerable person is weak physically as well as financially and emotionally and needs protection.

Hence, the vulnerable tenants come under the category of a weaker person, whether their age, health, or financial impediment.

Types of a Vulnerable Tenant

The vulnerability of a tenant may fall under any of the following types:

• Monetary Conditions – A tenant might fall under the category of being vulnerable due to his/her financial conditions. It may include a genuinely poor person or one who has lost his job or business. A low-income person also falls under this type of vulnerability. 
• Personal Conditions – An elderly person is a typical example of a vulnerable person. Similarly, any type of personal disability would also render a person vulnerable. Likewise, mental or emotional health also contributes to the vulnerability of a person. Mentally disturbed or emotionally hurt people fall under this type of vulnerability.   
• Life Experiences – Some bitter life experiences may also make a person vulnerable. For example, a person trying to return to normal life after having been imprisoned for some crime or a person struggling to come out of the phase of drug addiction. The one facing domestic abuse is also a typical case of vulnerability, falling under this category.

So, a tenant who falls under the above category would be treated as a "vulnerable tenant." Here are some typical examples of "vulnerable tenants":

• A person facing severe debt issues or passing through the phase of bankruptcy.
• The one who is not able to open a Bank Account.
• A person receiving welfare benefits.
• The one facing domestic abuse.
• A person having physical impairments or mental health issues.
• The one passing through the phase of dementia, autism, or a brain injury.
• A person with lesser education.
• The one who is subject to modern slavery.
• A person who cannot speak the local language; is the one facing a language barrier.

The prevalent laws provide a certain level of protection to the vulnerable tenants. They cannot be illegally evicted. Similarly, the landlords are also bound to provide them equal access to all the services, as are applicable to a normal tenant. 

Gas safety certificate and the annual gas safety check records are the most important documents that a landlord has to arrange for his properties rented out to the tenants, evidencing that the property is gas safe.

Gas Safety Certificates – An overview

The landlords are required, by law, to arrange annual gas safety inspections on all the gas appliances installed in their rented-out properties. 

A gas safety certificate, also known as a gas safety record (CP12), is mandatory for all rented properties, having one more gas appliance installed therein. It is evidence that all the gas appliances and fittings have been checked and found compliant with the gas safety rules and confirm that these are safe for use. For the purpose of issuance of this certificate, the landlords are required to hire the services of a gas-safe registered engineer. The gas-safe registered engineer will conduct a comprehensive examination of all the gas appliances installed on the property. 

The gas-safe registered engineer is required to record his findings, mentioning the current operational status of each gas appliance. All such details will become part of the gas safety certificate. The name and location of each gas appliance within the property will be recorded with its status mentioned in front of it. 

Appliances that are considered unfit or “not safe for use” are further rated in one of the following categories: 

• Immediately Dangerous (ID) – the appliances rated as “ID” are considered unsafe for use. Such appliances might need to be replaced, if the fault is serious or otherwise, it can be used after proper repair. The engineer will disconnect the gas supply to these appliances with the permission of the landlord.
• At Risk (AR) – any appliance labeled "AR" is also unsafe for use, but the level of risk might be less than the ones categorized as "ID.” Such appliances can be used after repair and maintenance. The engineer may also disconnect the gas supply to such appliances with the permission of the landlord. However, it is recommended not to use such appliances unless the fault is removed. 
• Not to Current Standards (NCS) – the appliances labeled "NCS" are considered fit for use, but it is a sort of warning that they may be somewhat risky as they do not meet the current standards of safety. Such appliances should be replaced with new ones as early as possible to avoid any mishaps. 

Once the faults are removed and all the gas appliances are considered safe, the engineer will issue the Gas Safety Certificate, which will remain valid for the next 12 months. The landlord will have to get it renewed before its expiration by conducting a fresh gas safety inspection by a registered gas safety engineer. The landlord is also required to give a copy of this certificate to the tenants, including the vulnerable tenants, within 28 days of the inspection. 

The Importance of Gas Safety Certificates for Vulnerable Tenants

 As stated above, a vulnerable tenant has the right to access the services as admissible to a normal tenant. This also includes the safety against gas hazards. Under the provisions of the Gas Safety (Installation and Use) Regulations 1998, as amended from time to time, the landlords are legally required to arrange annual gas safety inspections on the gas appliances installed on the property. This inspection is very important, as the gas safety certificate can only be issued if the property passes the annual gas safety inspection. The landlords are bound to provide the gas safety certificate to their tenants, including the vulnerable tenants, within 28 days after the inspection. 

The vulnerable tenants have the equal right to get the gas safety certificate. In a broader sense, the vulnerable tenants are even more deserving people to get protection against possible gas mishaps due to their physical, mental, or financial conditions. The gas safety certificate provides a much-needed sense of protection for them, as it is proof that the property is gas-safe and that it had been inspected for gas safety during the last 12 months. 

So, the gas safety certificates are important for vulnerable tenants for providing them a sense of protection against gas hazards as well as giving them a sense of equality at par with the normal tenants. 

Conclusion

The landlords are responsible for the safety of their tenants against the potential risks of using gas appliances, including boilers. The gas safety certificate is the document that confirms that the property is gas-safe and has been examined for gas safety during the last year. It is perhaps the most important and relevant document for the landlords and the tenants, which provides peace of mind and a sense of protection against possible gas accidents. 

The vulnerable tenants have equal rights as admissible to the normal tenants. So, the gas safety certificate is also important for the vulnerable tenants. It becomes even more important for them, as they need to be protected even more than a normal tenant. That's why it is very important that the landlords should not skip the annual gas safety inspection for the properties rented out to vulnerable tenants.