Due to the COVID-19 pandemic, many social landlords have been seeking to clarify their responsibilities with respect to The Gas Safety (Installation and Use) Regulations 1998 which confers a duty on social landlords to:

i. conduct an annual gas safety check by a Gas Safe registered engineer;
ii. provide a copy of the check to tenants; and
iii. provide ongoing maintenance to maintain safe pipework, appliances, chimneys and flues.

The new guidance published by The Ministry for Housing, Communities and Local Government (MHCLG) emphasises the need for social landlords to engage with tenants in a “pragmatic, common-sense approach” to meet regulatory requirements and confirms access should be given for ‘serious and urgent’ issues. It provides the much needed clarification: that social landlords remain under a duty to complete the cyclical annual gas safety check. 

Collaboration is key 

The focus is on a collaborative approach by social landlords with gas engineers and tenants in maintaining safety in the home. This is echoed by the Chartered Institute of Housing which has recently promoted engagement, and by the National Housing Federation which has called for compassion and support for tenants.

A risk based approach 

In order to meet the dual requirement to take ‘all reasonable steps’ to comply with the Gas Regulations and take a pragmatic approach with stakeholders, social landlords should take a risk-based approach, considering the following steps:

• Identify the properties with safety checks that need completing soonest and any high risk properties, such as vulnerable tenants and those with hoarding difficulties;
• Amend the internal cycle to arrange inspection appointments from 10 months after the last inspection. 
• Ensure that all inspections are arranged as far in advance as possible, front loading the work so that inquiries can be dealt with early.
• Identify the availability and willingness of Gas Safe engineers to undertake the inspections and the steps they are taking to protect themselves when entering a property, such as whether they have personal protective equipment (PPE), and observance of social distancing measures.
• Contact the tenants directly to discuss whether they have any symptoms/diagnosis of Coronavirus, whether they are isolating or social distancing and whether they are prepared to provide access, perhaps staying in another room while the check is conducted. 
• Share the information on risk and steps agreed transparently with the Gas Safe engineers.
• Stay in touch with tenants to ensure that access is provided and reassure them during the process if necessary.
• For tenants that cannot be contacted, or refuse access, document the attempts made to seek access. Where the tenant is vulnerable particular thought should be given to the tailored steps.
• Where access cannot be obtained and the annual gas safety inspection cannot be completed take legal advice on a case by case basis, as to whether an injunction should be sought, perhaps following a final formal request for access. 
• Where an injunction cannot be sought and an annual check cannot be undertaken, a report of non-compliance must be made to the Regulator of Social Housing with supporting documentary evidence.

In conclusion

Ultimately, a threat to tenant safety by the gas appliances not being checked is at its worst a threat to life. It is also a potential breach of the regulatory standards. Therefore social landlords must undertake a comprehensive approach to assessing risk, meeting need and documenting their efforts tailored to each tenancy: a time consuming, extended task. The new guidance points to pragmatism as key, but it does not remove key obligations that will require significant resources over the coming months. 

How can Capsticks help?

Ensuring your organisation is compliant with all relevant governance issues is always at the forefront of good management. We have specially designed user friendly advice and products to help you and your team to administer an excellent up to date gas safety agenda.
If you have any queries around what is discussed in this article, or the steps that you can take in any given case, please do not hesitate to speak to Paul Lloyd or any of your contacts at Capsticks to find out more about how we can help.