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Question Title: Gas Safety
| Question: 321 |
| We manage a property for a landlord who refuses to authorise or pay for gas safety checks.
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| Answer: |
| You have not said whether you are acting as 'full management' or 'let only'. In either situation, an agent should act with care. In a 'full management' situation the Health and Safety Executive's Guidance states:- "Where it can be shown that a breach of these Regulations by a landlord is due to the act or default of a managing agent, then that managing agent will be guilty of the offence under section 36(1) of the Health and Safety Act 1974 and may be prosecuted regardless of whether or not proceedings are taken against the landlord". If the landlord continues to disregard the legal requirements for gas safety checks, then the agent could also be committing a criminal offence. An agent in this situation should refuse to continue to act for that client.
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
Apr 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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