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Residential landlords will be aware of their legal responsibility under the Gas Safety (Installation and Use) Regulations 1998 to have annual safety inspections carried out on all gas appliances in the properties they let.
The inspections cover the pipework and flues as well as the appliances themselves and a record of the checks must be retained for two years. Failure to comply with the Regulations can lead to a fine of up to £20,000 and possibly a custodial sentence.
Landlords also have a duty under the implied term in section 11 Landlord and Tenant Act 1985 to keep in repair and proper working order the installations in the property for the supply of gas. If checks are not carried out, a landlord may also be in breach of this term and tenants may be able to pursue a landlord for damages.
It is unlawful for a landlord to simply force entry to carry out the checks. However, it is important to ensure that evidence of all attempts to gain entry is kept in order to be able to prove that reasonable attempts were made in case this should ever be questioned, so all correspondence requesting access to the property, notes of phone calls etc. should be retained.
If a landlord requires entry for the purpose of repair, there is an implied term that the landlord may at a reasonable time of day, and on giving 24 hours’ notice in writing to the tenant, enter the premises in order to carry out repairs.