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Landlord Legal Issues

Solicitor Tessa Shepperson of Landlord Law answers your questions

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.

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