a boiler service is legally required, agreed.
but what if the tenant doesn’t want to allow anyone to come in due to self isolating?
what if you cant get a gas technician to carry out the work?
is there any contingency for delaying the servicing?
i dont want to attend servicing as i am in an at risk group and i dont see why others should be put at risk either. what takes precedence.
if there is a CO detector is this ground s for delaying inspection??
Hi Sidney, this advice seems applicable in your situation. Whether your property is not in Scotland or not, it seems sensible.
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I saw this on Twitter https://twitter.com/Plymouthgas/status/1243650276764061698
Gas Safe sent an email to their engineers to clarify.
Basically it says it’s still a legal obligation of the landlord but if the engineer cannot gain access just keep a written record of any communication with the tenants and rearrange when possible.
https://info.gassaferegister.co.uk/rv/ff005d69d82cb4f7477c5b842b46bd907e35a8b4
This is the bit they’re referring to
The information below highlights that the current Gas Safety (Installation and Use) Regulations already have a provision with them (Regulation 39), that achieves the same outcome as, for a comparable example, a 3-month suspension on vehicle tests (MOTs) for cars. This means that no change to the current regulation is required, because they already accommodate the situations arising in the current environment, such as tenants needing to self-isolate and refusing an inspection.
And this is Regulation 39 that they refer to.
Regulation 39 Exception as to liability
No person shall be guilty of an offence by reason of contravention of regulation 3(2) or (6), 5(1), 7(3), 15, 16(2) or (3), 17(1), 27(5), 30 (insofar as it relates to the installation of a gas fire, other gas space heater or a gas water heater of more than 14 kilowatt gross heat input), 33(1), 35 or 36 of these Regulations in any case in which he can show that he took all reasonable steps to prevent that contravention.
337 This regulation provides certain exceptions as to liability under which a person is not deemed to be guilty of an offence where they can show that they took all reasonable steps to prevent contravention of the provision concerned. This publication contains guidance in various areas, eg concerning access to premises to discharge landlords’ duties under regulation 36. However, it is for a court to decide whether ‘all reasonable steps’ have in fact been taken in particular circumstances, and whether a person is guilty of an offence.
338 The exceptions as to liability only apply to the particular provisions specified in regulation 39. They do not extend to the prohibition in regulation 30 concerning installation of certain instantaneous water heaters.
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Thx, it’s all a bit heavy these days. Landlords “need to know” legislation is just continuing to accelerate. Compliance in so many areas is possibly beyond some landlords abilities esp if you are not aware of various rules.