The importance of gas safety in homes and the protection of vulnerable tenants

Two cases highlight the importance of a landlord’s duty to have accurate and updated records of tenant’s vulnerabilities to ensure adequate treatment and accommodation for all tenants.

Solihull Council (202010123)

First, the Housing Ombudsman made a finding of maladministration for Solihull Council. This was in response to their poor handling of gas safety testing which resulted in a vulnerable resident being without a gas safety certificate for a period of 11 months. The landlord was aware of the resident’s vulnerabilities and subsequent difficulties surrounding access to the property. There had also been a previous gas leak caused by the tenant which the landlord had knowledge of.

Whilst the landlord’s policy stated that vulnerable tenants will not have their gas supply capped off, it was stated that the safety of the tenant and others in the locality should have taken priority. The council argued that they went to considerable lengths to explore every available alternative to legal action, but it was found that these actions were not taken quickly enough.

Cross Keys Homes (202106073)

Second, the Housing Ombudsman made a finding of reasonable redress for Cross Keys Homes following its treatment of a vulnerable tenant. The tenant, who was elderly and in ill-health, refused access to the landlord when self-isolating during the Covid pandemic. The landlord did not check at any stage whether the resident was vulnerable or had any health conditions and capped the property’s gas supply, leaving the resident without gas for 10 months. In doing so, they failed to act in accordance with their own gas safety policy which states that vulnerable residents must be supported by the landlord’s specialist interventions team.

The outcome of these cases

The Ombudsman’s decisions highlight the importance of a landlord’s responsibility to take pre-emptive action when a vulnerable tenant is renting a property, whilst also being sensitive to the tenant’s vulnerabilities. Failing to adhere to safety regulations puts the lives of residents at risk and could have severe consequences.

It was stated that all landlords must ensure that they follow their own procedures, and that accurate and updated records of residents’ vulnerabilities must be kept at all times.

Landlord safety obligation

The Gas Safety (Installation and Use) Regulations 1998, supported by the Health and Safety Executive’s Code of Practice, state that both public and private landlords have the responsibility to ensure that a gas safety check is carried out every 12 months, maintain a Landlord Gas Safety Record and maintain all gas pipework, appliances, chimneys and flues.

Legal steps

In most cases, tenants will be willing to provide access to landlords to carry out the gas safety checks required by the 1998 Regulations. However, access to the property could be denied by tenants in case specific circumstances such as the cases explored above.

A landlord could apply to court for an access injunction to gain entry to the property to carry out the inspection and any maintenance work necessary, the cost of which could be recovered from the tenant. To avoid further access issues, options include a forced entry order, substituted service and/or an unlimited timeframe order.

The Weightmans Property Litigation Team regularly deal with access issues relating to safety inspections and have adapted a streamlined process to assist landlords experiencing difficulties in complying with their obligations.