Q. We rent out our leasehold flat. Our tenant has complained to the Local Authority saying we do not have a gas certificate and they have told us we need one - however the only gas appliance is the boiler which is in a communal area and maintained by the freeholder, not us. Do we still have to get a certificate?
A. I am afraid you do. The guidance on the Health and Safety Executive Website (the HSE are the body which enforces the Gas Regulations) states in the FAQ:
Where a building has a communal appliance (eg boiler) used by multiple dwellings, the landlord must ensure that the appliance is maintained by a Gas Safe registered engineer and is checked as part of the annual gas safety check. This may involve co-ordinating safety activity with the building owner if that is not the landlord.