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Can a landlord delegate gas safety checks and maintenance to a tenant?
The answer is NO.
Landlords Obligations.
Regardless of who bought or installed the appliance, it is still the landlord’s responsibility to make sure the appliance is safe to use, as he has the responsibility of all the occupants in his property and adjacent properties to make sure there are no faults.
A gas engineer or landlord should not expect the tenant to pay for a Gas safety check on the tenant’s appliance if the tenant is paying rent to include maintenance and services.
If the appliance developed a fault and caused an accident the landlord would be liable and at fault for not having a gas safety check done. Not only is he/she safeguarding his/her tenants he is also safeguarding his property. The landlords building insurance would be null and void if he did not have a gas safety check on an appliance fitted by him/herself or the tenant.
Furthermore, if a gas engineer tries to say that he will not be doing a gas safety check because it is the tenant’s appliance, then the gas engineer is at fault as all gas appliances have to be checked regardless of who bought them.
Gas Safe Register website also mentions they are governed by HSE screenshot below and that it is the tenant’s responsibility to make sure their appliance is in good working order and have an annual gas safety check.
According to the Law:
Under section 11 of the Landlord and Tenant Act 1985, the landlord is responsible to:
to keep in repair the structure and exterior of the dwelling, including drains, gutters, and external pipes,
to keep in repair and proper working order the installations in the dwelling for the supply of water, gas, electricity, and sanitation (including basins, sinks, baths, and sanitary conveniences.
to keep in repair and proper working order the installation in the dwelling for space heating and heating water.
Gas.
Gas safety is the highest priority in rented properties. All gas appliances, fittings, installations, pipes, and flues must be kept in perfect working condition. This applies to communal and private areas, regardless of whether tenants have access.
All landlords are required to arrange an annual gas safety check by a Gas Safe registered engineer. They must earn a gas-safe certificate or make improvements prior to letting tenants. The certificate must be made available to every tenant prior to moving in and must be kept for at least two years.
It is absolutely illegal for anyone to knowingly use unsafe gas equipment. Treat the matter with the highest regard! Always require the gas safety certificate prior to renting a property.
From 1 Oct 2015, the Smoke and Carbon Monoxide Alarm Regulations 2015 came into force, which means all private rented sector landlords have an obligation by law to have at least one smoke alarm installed on every floor of their properties and a carbon monoxide alarm in any room where solid fuel is used.
For more information on licensed landlords in Wales please visit:
There is some contradicting information from other sources about the Gas Safety Responsibilities of a landlord and tenant and it seems a bit of a grey area according to: https://www.thetenantsvoice.co.uk/advice_from_us/repairs-overview/#how_does_the_law_assigns_responsibilities_for_repair_and_maintenancethe landlord is not responsible for any electrical appliance that the tenant has installed in their property. Their maintenance is at the discretion of the tenant. But there is NO MENTION ABOUT GAS COOKERS which have been bought by the tenant??
🤔
In my opinion, it should be the landlord’s responsibility to make sure all gas appliances are checked regardless of who bought them. If anything went wrong the landlord is protected and so are his tenants.
There should be a clause in the tenant’s agreement if the tenant has purchased the appliance with a fixed fee added to their rent or the tenant needs toappoint a gas engineer of their choosing and provide a gas safety check certificate.
For the sake of Home Insurance the Home Owner should not rely on a third party (i,e the tenant) to carry out a Gas Safety Check and should arrange it himself or herself with a Competent Gas Registered Engineer.
However as it stands one cannot leave the onus on the tenant, not all tenants are internet savvy and will not do the research as I have, and MAY NOT KNOW THE LAW if it is not written into the tenant’s contract, then this opens up a can of worms.
Furthermore, EVERY Gas Engineers, Electrical Engineers and Gas, Electrical and Appliance Manufacturers and Retailers website should have linked and have information about:
Hot-Zones
Carbon Monoxide Alarms
Gas Safety Checks and Landlord and Tenant Responsibilities and the law.
***I have contacted HSE for comment and am awaiting their reply. I will update this post as soon as hear from them.
Tis the season to be jolly. Christmas Holiday Season is meant to be filled with happiness and cheer, with social gatherings and celebrations and gifting. But this year is like no other.
As well as all the things that some people are not looking forward to this time of year, we have the added bonus of the Coronavirus Covid-19 Pandemic and limited household meetups.
For many people, it is a time filled with sadness, self-reflection, loneliness, and anxiety.
The demands of making your Christmas perfect may cause us to be on the verge of a mental breakdown with rushing around shopping for gifts, food, and outfits as well as organizing parties. Even having more people than normal can cause us to be stressed as we want the turkey and trimmings to be impressive and we have to portray everything as hunkey Dorey even though we may be having a nervous meltdown. If we have to balance entrepreneurship on top, we can end up feeling overwhelmed.
Most CEO if you ask them how their business is doing will without a shadow of a doubt say “Everything is Great”. No one wants to admit failure or tell the real truth. Being honest by saying your business has problems is a sign of weakness and no one wants to look stupid or inadequate for failing. Some people are just waiting for you to fail just to say “I told you so”, hence CEOs will always show they are doing great.
Entrepreneurs are:2x more likely to suffer from depression
6x more likely to have ADHD
3x more likely to struggle with addiction
11x more likely to receive a bipolar diagnosis
12 Quotes on Entrepreneur Burnout And Depression, From Those Who’ve Walked The Path: https://medium.com/amp/p/a0d62a3ed389
People who normally do not view themselves as depressed may develop symptoms, such as:
Stress
Anxiety
Depression, crying a lot or wanting to stay in bed all-day
Headaches (migraines)
insomnia
Over-eating
Indulging in too much alcohol
Wanting to Isolate
Overthinking
Intrusive thoughts
Balancing your home and your business can lead to a lot of tension. Christmas is also a financial burden with us overspending or not budgeted properly and perhaps not having enough funds. Sometimes it can be difficult to gift a large household and extended family and friends. It is this time of year that people spend by maxing out their credit cards. However whilst spending it does not hurt in the short term, however when it comes to paying at the end of the month in the long term that is when people feel they are in hot water and start to get depressed even more.. Knowing how to budget your money will either make you or break you.
People do not look forward to Christmas for a number of reasons:
Financial Burden & Obligations
Loneliness (perhaps they have no family or friends)
Grief (the loss of a person through death or breakup can be very traumatic and painful to handle)
Mental Health Issues (Depression, PTSD, Anxiety) Perhaps they do not want reminders of the past
Social Disconnection (finding it hard to socialize)
Not getting along with some family members and the awkwardness of reuniting once a year
Dealing with alcoholism surrounded by people who are drinking
Paying Christmas Bonuses (not having enough funding)
Having your business restricted due to pandemic regulations causes you to have financial difficulties (businesses closing for good or laying off staff)
Not being able to travel because of pandemic regulations
Illness, not being mobile (disabled) or maybe being in a hospital
People expecting life-changing surgeries and are worried about the aftermath and are living an uncertainty such as organ transplants or heart surgery
How to overcome Christmas Blues
Set goals and have a plan of action, prioritize the most important things on your schedule of things to do
Budget your finances (Do not overspend)
Pace yourself do not bite off more than you can chew
Be realistic with your expectations, do not raise yourself up for disappointment, and compare your day to previous days
Ask for support from your network of family and friends ask them to bring a dish if you’re struggling financially, everyone loves homemade food and treats
If you are lonely volunteer to help other people in the same situation as yourself. Network with organizations that specialize in getting lonely people together at Christmas or volunteer to work over the Christmas holidays
If you have friends or family struggling with alcoholism make your celebrations alcohol free
If you know of an elderly person home alone at Christmas spread some Christmas Cheer by gifting them and looking in on them to see if they are ok
Make handmade gifts that will save you money, write handmade notes for old people and neighbors, leave notes around randomly for strangers to pick up (secret Santa special message notes) Send out emails and messages and e-cards
Make your own decorations, there is a Picasso in all of us
Make some time for yourself, pamper yourself or as I do each year, I always buy myself a Christmas present so that I am never disappointed.
Make an effort to contact friends and family that you may not have had the opportunity to connect with because of distance or pandemic restrictions (Set up Video calls)
Final thoughts
Personally speaking, I do not look forward to Christmas other than maybe going to a fancy restaurant (which is not going to happen this year) or viewing the Christmas lights and visiting the Christmas Markets.
Christmas will never be the same again and I miss the family congregation that we spent the holidays at my parent’s house. Since they have gone I only have my daughter and the cat, so Christmas can be lonely at times. She is in a relationship so I find I am sharing her with her boyfriend.
I do not bother with Christmas decorations as to who is going to see them anyway and do not like to socialize so I concentrate on what matters the most to me and that is my business. Before you read between the lines I am not interested in getting into a relationship, have been burnt too many times.
Not everyone I am connected with is Catholic or Christian, I am fortunate to also have Muslim friends so it’s not as if I cannot reach out to anyone if I wanted to.
I cannot bring my parents or my brother back but I can move on and have set myself some goals which I am striving to achieve. I want to make changes to my life and I know nothing stands still so I know with perseverance that when one door closes another one opens.
I must admit I do not forsake Christmas Dinner regardless if it is only dinner for one, I will splash out with all the trimmings and the extras and have the best of the best and feast like a Princess.
Remember there is always someone that you can chat to over the holiday period, you do not have to do it alone. If you are struggling you can phone the Samaritans on 116 123
Further Reading!
I wrote on my other blog about Mental Health Amongst Entrepreneurs and there are some useful links should you need some support at this difficult time.
Below I have listed useful links to The UK & Welsh Government Websites aswell as Cardiff Local MP & Law Firm. I have also listed links for anyone struggling with Lockdown, Social Anxiety & Mental Health Issues.
Economic Resilience Fund Phase 3
With economic unrest and the Firebreak Lockdown the Welsh Governement last week announced further financial support to Welsh Buinesses.
The Economic Resilience Fund (ERF) has already supported more than 13,000 businesses in Wales. It has also helped to secure more than 100,000 jobs with a total cost of £300 Million. Applications for Phase 3 of the ERF have been announced last week by the Welsh Government with further support of £300 million for businesses in Wales.
The ERF Phase 3 support comes in two parts:
The first £200 million funding of Lockdown Business Grants to support those directly affected by the shorter term challenges of having to close during the firebreak. 60,000 micro and SME businesses will be able to get them urgent emergency finance to help them with fixed cost thru face during the firebreak and includes discretionary support available at a local authority level. £11 million which has already reached businesses.
Another £100 million funding will be for Business Development Grants to help businesses secure themselves for the longer term challenges they may face. This funding was intended not as day to day, emergency finance but to fund projects that can prepare businesses for a post-Covid and EU exit future.
Nearly 6,000 applications have been received. The fund has since been paused to allow an assessment of applications to be undertaken.
This pause does not affect the first and much larger element of the fund – the £200 million ERF Lockdown Business Fund that remains open.
Funding is delivered collaboratively between the Welsh Government and Local Authorities.
The Professional and Business Services Sector and Enterprise Nation, supported by the Department for Business, Energy & Industrial Strategy, have teamed up to offer small and medium sized businesses free advice to help them recover from the impact of Coronavirus.
This offer will be available until 31 December 2020.
Self Employment Income Support Scheme Grant Extension.
Self-employed are continuing being supported by the UK Government who have extended the Self-Employment Income Support Scheme (SEISS).
The SEISS Grant Extension provides critical support to the self-employed in the form of two grants, each available for three month periods covering November 2020 to January 2021 and February 2021 to April 2021
Job Retention Bonus and what you need to do to claim it between 15 February 2021 and 31 March 2021.
If HMRC are still checking your Coronavirus Job Retention Scheme claims, you can still claim the Job Retention Bonus but your payment may be delayed until those checks are completed.
HMRC will not pay the bonus if you made an incorrect Coronavirus Job Retention Scheme claim and your employee was not eligible for the Coronavirus Job Retention Scheme.
Businesses across the UK are being provided with additional financial support as part of the UK Government’s plan for the next phase of its response to the coronavirus outbreak.
The Coronavirus Job Retention Scheme (CJRS) – also known as the Furlough scheme – will remain open until March 2021, with employees receiving 80% of their current salary for hours not worked, up to a maximum of £2,500.
Under the extended scheme, the cost for employers of retaining workers will be reduced compared to the previous scheme, which ended on 31 October 2020.
Two schemes to help people self-isolate to be introduced in Wales
People told to self-isolate for up to 14 days will be eligible for financial support from the Welsh Government.
People on low incomes can apply to receive a £500 payment if they have tested positive for coronavirus or they are asked to self-isolate by the NHS Wales Test Trace Protect service because they have been in close contact with someone who has tested positive for coronavirus.
And a new top-up payment is being introduced for the social care workforce in Wales, to increase statutory sick pay to their normal wages if they have to take time off because they have coronavirus or are self-isolating.
The Statutory Sick Pay Enhancement scheme for social care staff working in care homes, domiciliary care and as personal assistants will start on 1 November and will run until 31 March 2021.
Alongside the two schemes, the Welsh Government intends to strengthen coronavirus regulations by imposing a legal requirement for people to self-isolate if told to do so by NHS Wales Test Trace Protect service.
And a duty will be introduced to ensure employers cannot prevent an employee from following NHS Wales Test Trace Protect advice to self-isolate.
Joanna Meriel Stevens is a Member of Parliament, Elected in May 2015 General Election For Cardiff Central and is a Politician for the Welsh Labour Party in the UK House of Commons.
If you are struggling with mental health and need someone to talk to give Samaritans a call on: 116 123 for free of charger or if you want Welsh Support Phone: 0808 164 0123
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