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Question Title: Gas Regulations
| Question: 277 |
| My firm manages a number of residential properties which have been let for a considerable number of years. The properties were let unfurnished prior to the last war, being let on a regulated tenancy basis. My query is that when the first tenants moved in, they only had open coal fires and over the years they themselves have fitted out various rooms with their own gas fires and also their own gas/electric cookers. My interpretation is that if it is the landlord's fixture or fitting, then any maintenance would be the responsibility of the Landlords. However in the case mentioned in the previous paragraph, the fixtures and/or fittings do not belong to the Landlord - they have been purchased and installed by the tenant and can be removed by them at any time, so how can the landlord be made responsible for these !
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| Answer: |
| Our common sense reaction would be to concur with your conclusions - it is difficult to imagine how a landlord could be held to be legally responsible for an appliance installed by the tenant(s). We referred this question to the Health and Safety Executive (the government agency responsible for providing advice on the Gas Safety (Installation & Use) Regulations. Their advice was that neither landlord nor agent shall be responsible for gas appliances owned by the tenant. We have also had this information confirmed by the local Rent Officer. HSE also suggested that an agent, in such a situation, should take the precaution of writing to all tenants in this situation with a suitable letter confirming that the appliances are not the property of the landlord and alerting them to the advisability of having all such appliances checked on a regular basis at their own expense and responsibility.
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
April 2000 page13 |
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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