Hi
I recently heard that the whole of the the GSC has to be filled in, all names and address details etc.
This includes the L/L details otherwise it is not legal, is this true ? If so can I fill in my missing details or does it have to the engineer that carried out the work ?
Thanks
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The best thing to do is to ensure the engineer fills it all in, then it can’t be wrong!
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Thank you Tricia, however that does not help me with the question of " Can I fill the ones I have already"
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I would guess you do not have the same pen and hand writing as the gas man . Is that taking a chance? Can you find him and get him to do it?
It needs to be done when all the copies are together so that it is transferred to all copies. There was a court case recently thrown out because the full details weren’t on the form but I guess it depends on your judge. I don’t think writing it in yourself would do.
So I’ve taken another look at the relevant legislation.
The Gas Safety Regulations 1998 states in para (3)(c) that the landlord must:
“ensure that a record in respect of any appliance or flue so checked is made…” and goes on to list the information which must be recorded on the record. It does not say that the landlord must ensure that only the engineer makes the record.
Para (4) does say:
“Every landlord shall ensure that any work in relation to a relevant gas fitting or any check of a gas appliance or flue carried out pursuant to paragraphs (2) or (3) above is carried out by, or by an employee of, a member of a class of persons approved for the time being by the Health and Safety Executive…”
Its possible that a court could rule that “work in relation to a relevant gas fitting…” includes the making of the record, but it could equally be argued the other way.
In the case of Blagg v Gharbi & Gharbi where one of the tenant’s claims was that the gas safety record was invalid due to having incomplete information, the judge in summing up said:
“The obligation imposed on the landlord by paragraph (6)(a) is to give the existing tenants a copy of a GSR which contains all the information specified in paragraph (3)(c).”
Its possible that there are other more definitive cases that I’ve not read and I haven’t been back through the Trecarrell House case for some time, but taking the above all together, I think the question a landlord who currently has non-compliant gas safety records could ask themselves is do they have anything to lose by completing the record themselves and re-issuing it to the tenant. I have not read anything which I could say definitively prevents this.
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As is always the case @David122 , thank you for taking the time to look further into these things .
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Thank you for your help on this matter. I think to be on the safe side I will fill in the missing details and re issue a copy to my tenants.
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