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Question Title: Gas Appliances
| Question: 260 |
| Gas appliances which are owned by the tenants are not the responsibility of the Landlord or Agent. Does this fact provide the unscrupulous landlord or agent with a means to avoid their responsibilities under the Gas Installation and Use Regulations ? I recently had a conversation with a Letting Agent in Leigh on Sea who boasted that he had found a way to avoid all the responsibilities imposed on the landlord and his agent by these new regulations; he went onto explain that either by way of a clause in the tenancy agreement itself or by the use of a collateral agreement, the ownership of any gas appliances in the property are transferred for the duration of the tenancy, the ownership of the same reverting to the landlord at the end of the term. By doing this the agent was confident that as the fittings were the property of the Tenant, albeit for this limited time, the responsibility of servicing and maintenance fell on the Tenant and not the landlord. Since these appliances had neither been purchased or installed by the tenant and as clearly they cannot be removed by the tenant, it was my view that any such agreement would be seen to be nothing more than a poor attempt to side step the regulations. I would be grateful for your opinion in this matter.
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| A court would not just look at the agreement but also the facts and surrounding circumstances of the letting. Clearly it is impossible for us to give a definitive answer as only the courts are able to interpret the law. However it is our feeling that the court is likely to look beyond the paper agreement and into the actual circumstances and come to the conclusion that the landlord or agent is definitely supplying the appliances and retains the legal obligation to service and check them. Also the Landlord and Tenant Act 1987 puts the onus on the landlord to maintain the systems for heating and supply of hot water. We have also checked this point through with the Health and Safety executive, enforcement organisation responsible for the new gas regulations and they concur with your conclusions. An annual check and service of a gas appliance is neither an expensive nor time-consuming exercise. Agents that seek to circumvent this sensible legislation can only bring the letting sector into disrepute
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
April 2000 page 13 |
letting-update-journal.html
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Letting Handbook |
Chapter 8 |
letting-handbook-and-factsheets.html
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Letting Factsheet No 7 |
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factsheet-7
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For more information, discuss on the Forum
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