Duties of landlords
36.—(1) In this regulation—
“landlord” means—
where the relevant premises are occupied under a lease, the person for the time being entitled to the reversion expectant on that lease or who, apart from any statutory tenancy, would be entitled to possession of the premises; and
where the relevant premises are occupied under a licence, the licensor, save that where the licensor is himself a tenant in respect of those premises, it means the person referred to in sub-paragraph (a);
“lease” means—
a lease for a term of less than 7 years;
a tenancy for a periodic term; and
any statutory tenancy arising out of a lease or tenancy referred to in sub-paragraphs (a) or (b),
and in determining whether a lease is one which falls within sub-paragraph (a)—
any part of the term which falls before the grant shall be left out of account and the lease shall be treated as a lease for a term commencing with the grant;
a lease which is determinable at the option of the lessor before the expiration of 7 years from the commencement of the term shall be treated as a lease for a term of less than 7 years;
a lease (other than a lease to which sub-paragraph (b) applies) shall not be treated as a lease for a term of less than 7 years if it confers on the lessee an option for renewal for a term which, together with the original term, amounts to 7 years or more; and
a “lease” does not include a mortgage term;
“relevant gas fitting” means—
any gas appliance (other than an appliance which the tenant is entitled to remove from the relevant premises) or any installation pipework installed in any relevant premises; and
any gas appliance or installation pipework which, directly or indirectly, serves the relevant premises and which either—
is installed in any part of premises in which the landlord has an estate or interest; or
is owned by the landlord or is under his control;
“relevant premises” means premises or any part of premises occupied, whether exclusively or not, for residential purposes (such occupation being in consideration of money or money’s worth) under—
a lease; or
a licence;
“statutory tenancy” means a statutory tenancy within the meaning of the Rent (Northern Ireland) Order 1978(1); and
“tenant” means a person who occupies relevant premises being—
where the relevant premises are so occupied under a lease, the person for the time being entitled to the term of that lease; and
where the relevant premises are so occupied under a licence, the licensee.
(2) Every landlord shall ensure that there is maintained in a safe condition—
(a)any relevant gas fitting; and
(b)any flue which serves any relevant gas fitting,
so as to prevent the risk of injury to any person in lawful occupation of relevant premises.
(3) Without prejudice to the generality of paragraph (2), a landlord shall ensure that—
(a)each appliance and flue to which that duty extends is checked for safety at intervals of not more than 12 months; and
(b)a record in respect of any appliance or flue so checked after the coming into operation of this sub-paragraph is made and retained for a period of 2 years from the date of that check, which record shall include the following information—
(i)the date on which the appliance or flue was checked;
(ii)the address of the premises at which the appliance or flue is installed;
(iii)the name and address of the landlord of the premises (or his agent) at which the appliance or flue is installed;
(iv)a description of and the location of each appliance or flue checked;
(v)any defect identified;
(vi)any remedial action taken;
(vii)confirmation that the check undertaken complies with the requirements of paragraph (7);
(viii)the name and signature of the individual carrying out the check; and
(ix)the registration number with which that individual, or his employer, is registered with a body approved by the Department for the purposes of regulation 3(3).
(4) Every landlord shall ensure that any work in relation to a relevant gas fitting or any check of a gas appliance or flue carried out pursuant to paragraph (2) or (3) is carried out by, or by an employee of, a member of a class of persons approved for the time being by the Department for the purposes of regulation 3(3).
(5) The record referred to in paragraph (3)(b), or a copy thereof, shall be made available upon request and upon reasonable notice for the inspection of any person in lawful occupation of relevant premises who may be affected by the use or operation of any appliance to which the record relates.
(6) Notwithstanding paragraph (5), every landlord shall ensure that—
(a)a copy of the record made pursuant to the requirements of paragraph (3)(b) is given to each existing tenant of premises to which the record relates within 28 days of the date of the check; and
(b)a copy of the last record made in respect of each appliance or flue is given to any new tenant of premises to which the record relates before that tenant occupies those premises save that, in respect of a tenant whose right to occupy those premises is for a period not exceeding 28 days, a copy of the record may instead be prominently displayed in those premises.
(7) A safety check carried out pursuant to paragraph (3)(a) shall include, but shall not be limited to, an examination of the matters referred to in sub-paragraphs (a) to (d) of regulation 26(9).
(8) Nothing done or agreed to be done by a tenant of relevant premises or by any other person in lawful occupation of them in relation to the maintenance or checking of a relevant gas fitting or flue in the premises shall be taken into account in determining whether a landlord has discharged his obligations under this regulation (except in so far as it relates to access to that gas fitting or flue for the purposes of such maintenance or checking).
S.I. 1978/1050 (N.I. 50)