Gas safety policy

1. Aims and objectives of the policy

1.1 As a landlord, Leeds City Council (the Council) has specific legal duties placed upon us under The Gas Safety (installation and Use) Regulations 1998 (Fifth Edition 2018).

1.2 This policy sets out how the Council will meet these duties and comply with wider regulatory and legislative landlord responsibilities of landlords, in-order to protect the safety of residents, visitors, council staff and contractors, and the public.

2. Legislative context

2.1 Relevant legislation and guidance:

• Gas Safety (installation and Use) Regulations 1998 (Fifth Edition 2018)
• Building Safety Act 2022
• Defective Premises Act 1972
• Landlord and Tenant Act 1985
• Housing Act 1988
• Environmental Protection Act 1990
• Fire Safety Act 2021
• Homes (Fitness for Human Habitation) Act 2018
• Electricity at Work Regulations 1989
• Health and Safety at Work Act 1974
• Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022
• IGEM/G/11 Edition 2 with amendments July 2022 and June 2024
• Part L Building Regulations 2023
• Part P Building Regulations 2013
• Equalities Act 2010

2.2 Relevant social housing regulations:

• The Regulator Of Social Housing Consumer Standards (In particular the Safety & Quality standard) and Tenant Satisfaction Measures (TSMs)
• The Decent Homes Standard

3.0 Strategic context

3.1 This policy supports the Leeds City Council 'Best City Ambition' of tackling poverty and inequality and improving quality of life for everyone who calls Leeds home, through our three pillars of Health and wellbeing, Inclusive growth and Zero carbon.

3.2 This policy also contributes to the key themes of the Housing Strategy and in particular:

• Improving housing quality
• Child and age friendly housing
• Thriving and inclusive communities
• Safe and strong communities
• Health and housing

4.0 Scope of this policy

4.1 The policy covers all gas installations and equipment within homes and buildings under the management responsibility of Housing Leeds.

4.2 The policy does not apply to non-council owned dwellings or other non-council housing assets such as schools, care homes, offices. or commercial properties.

4.3 This policy does not apply directly to buildings and homes under PFI management, or the Belle Isle Tenancy Management Organisation (BITMO). However, in these service areas, Housing Leeds have a responsibility to ensure that the minimum standards set out in this policy are in place and are sufficiently robust across all council managed homes.

4.4 Gas installations and equipment within leaseholder properties is outside of the scope of this policy.

5. Sanctions

5.1 Housing Leeds accepts its responsibilities in accordance with the regulatory standards and legislation relating to gas safety.

5.2 Failure to comply with these statutory obligations may result in:

• Prosecution by the Health and Safety Executive under Health and Safety at Work Act 1974
• Prosecution under Corporate Manslaughter and Corporate Homicide Act 2007
• Regulatory Notice from the Regulator of Social Housing

6. Main policy

6.1 As a landlord, Leeds City Council has specific legal duties to:

6.1.1 Carry out annual safety checks on all gas appliances and flues, keep a record of this, and issue a record to the tenant,

6.1.2 Carry out ongoing maintenance to all gas appliances and flues.

6.2 To achieve this, we provide a robust gas service and maintenance programme in-order to ensure that our tenants, visitors, staff, contractors, and the public are protected from the risks associated with gas in domestic properties which include:

• Carbon monoxide poisoning
• Explosion
• Fire

Gas servicing / Safety checks

6.3 We have programmes in place so that gas appliances and flues, that we are responsible, are checked for safety within twelve months of being installed, and thereafter at intervals of not more than twelve months since the last safety check was completed.

6.4 In-order to ensure sufficient time to arrange and complete the safety check ahead of the expiry date of the previous visit, we carry out the annual gas servicing programme on an eleven-month rolling programme. This means that we will start the access process a minimum of four weeks before the previous service expiry date.

6.5 Our contractors will send appointment notification letters ahead of carrying out safety check visits. Letters will include contact details for tenants to re-book appointments at a time more suitable to themselves, as long as this is not beyond the expiry date of the previous safety check being completed.

6.6 The Tenancy Agreement (7.35) sets out that tenants are responsible for allowing access to their homes:

(c) to carry out annual gas safety checks or electrical safety checks,

6.7 Tenants are responsible for making access available for our contractors to complete the gas safety check on the appointed visit. We recognise that this may not always be possible however and therefore our policy is to attend three appointed visits before taking formal action.

6.8 Where access has not been permitted after the third pre-booked visit, and the gas safety check remains outstanding, a final appointment 'abatement notice' letter will be sent. If access remains outstanding after the final appointment, a warrant for access to the property to complete the safety check will be applied for through the Magistrates Court under provisions of Section 80 of The Environmental Protection Act, 1990.

6.9 In between the final appointment and obtaining a warrant, informal access attempts may be made to access the home, including cold calling, and out of hours telephone calls and visits. We will take individual residents needs into account and where appropriate, we will make reasonable adjustments to facilitate access/undertake the service.

6.10 Upon obtaining a warrant from the courts, and where the gas safety check remains outstanding, access to the property will be forced, locks changed, and all necessary action taken to ensure that all gas appliances and flues are left safe.

6.11 Tenants may be recharged for all costs associated to gaining access and changing locks in-order to execute a warrant.

Certification

6.12 Upon completion of a gas safety check, a Landlords Gas Safety Record certificate will be produced, and a copy will be sent to the tenant.

Changes of tenancy (including Mutual Exchanges)

6.13 Gas safety checks are completed upon all changes of tenancy. New tenants are responsible for allowing the councils contractors access to complete the gas safety check at the start of their tenancy.

6.14 Tenants must not complete Mutual Exchanges without agreement from the Council and without arranging the completion of a gas safety check and electrical inspection.

Responsive repairs

6.15 Tenants must report any repairs, defects or damage that is the council's responsibility as soon as they become aware of it.

6.16 The Council operates a responsive repairs service 24 hours a day, 365 days of the year. The service undertakes repairs based on urgency and includes provision for emergency gas repairs to be completed where a potential hazard is present. Details of the repairs service can be found on the Housing Leeds repairs webpage.

6.17 In an emergency situation, it may not be possible to arrange access through a pre-arranged visit due to the severity of the situation and the risk to health and safety and /or significant damage to property. Wherever possible, we will try to give at least 24 hours' notice of our intention to access a property. In-line with the Councils Tenancy Agreement and Leasehold Agreements, we may need to enter a tenant or leaseholders' home without giving any notice whether they are at home or not. This includes for instances where suspected tampering with meters and other equipment is believed to have taken place.

6.18 Any suspected tampering, interference or unauthorised alteration of metering equipment will be reported to the supplier as fraud and tenancy action may also be taken.

6.19 Concerns about Carbon Monoxide poisoning or gas leaks should be reported to Northern Gas Networks on 0800 111 999. Other emergency and urgent safety concerns should be reported by telephone to the council on 0800 188 400 or 0113 376 0410.

6.20 Residents who are wanting to report a non-urgent safety concern can do so by sending an email to buildingsafety@leeds.gov.uk

Replacement gas appliances

6.21 Gas appliances and heating systems are replaced on planned programmes of work through the council's capital investment programme, unless the installation or equipment has become immediately dangerous, and the work is required urgently. In these circumstances, the replacement may be undertaken through the gas servicing or responsive repairs programme.

Smoke detectors and carbon monoxide alarms

6.22 During the gas safety check visit, our contractors will test any smoke alarms and or carbon monoxide detectors to ensure that they are working correctly and in date. Where found to be not working correctly or out of date, they will be replaced.

6.23 We have a legal duty to provide Carbon Monoxide (CO) alarms in homes containing gas appliances. We will ensure that a Carbon Monoxide (CO) alarm is fitted in any room which is used as living accommodation and contains a fixed gas appliance, except for gas cookers.

6.24 Tenants should test smoke detectors and Carbon Monoxide alarms regularly and report any faults to us immediately.

6.25 Tenant alterations, improvements and DIY

6.26 Under the conditions of the Tenancy Agreement, Tenants must obtain written permission from the Council before making any alterations to their homes, and only use appropriately qualified and competent people to carry out work on gas installations.

Tenants gas cookers and hobs

6.27 During gas safety check visits, we will carry out a visual risk assessment of tenants own gas cookers and hobs to ensure that they are working safely. Any cookers or hobs found to be not working safely will be dealt with in accordance with the Gas Industry Unsafe Situations Procedures.

6.28 We do not have any responsibility for the repair or replacement of tenants own cookers and hobs.

Carbon monoxide poisoning

6.29 We follow robust, nationally recognised procedures relating to reports of carbon monoxide poisoning. Anyone with concerns that they may be suffering the effects of carbon monoxide poisoning, or in the event that the Carbon Monoxide (CO) alarm sounds within the home should:

• stop using the gas appliance
• open any doors and windows to let fresh air in
• go outside
• get medical advice as soon as possible. Details on how to do this can be found at https://www.nhs.uk/conditions/carbon-monoxide-poisoning/. 999 should be called if people are finding it hard to breathe, or have suddenly become confused, or have lost consciousness
• call the free National Gas Helpline immediately on 0800 111 999
• do not go back into the affected area until advice has been given

6.30 We will coordinate our response with the Health and Safety Executive (HSE), who are the national body responsible for investigating reports of CO poisoning, and other agencies to ensure that a thorough investigation is carried out before the gas appliances can be safely turned back on. Where this cannot be done immediately, we will provide temporary facilities as necessary.

7.0 Competence and quality assurance

7.1 All gas work undertaken by the Council and our contractors is carried out by appropriately qualified operatives who are registered with Gas Safe Register which is the Health and Safety Executives (HSE) approved competent person scheme for gas works.

7.2 We carry out a sample of quality audits on all aspects of completed gas works, including installs, servicing, and repairs and maintenance. The results of these audits are used to monitor our contractors and engineers and identify training needs.

8.0 Equality, diversity and inclusion

8.1 An Equality Diversity Cohesion and Integration assessment (EDCI) has been carried out to ensure that the application of this policy meets the public sector equality duty requirements, under the Equality Act 2010. The EDCI has identified that there are no particular groups who will be unlawfully disadvantaged by this policy.

8.2 Upon request to Housingleedsinformation@leeds.gov.uk, this policy can be made available in other accessible formats including translation to other community languages, braille, and large print.

9.0 Resident engagement

9.1 Resident feedback gathered through satisfaction surveys and complaints has been considered in the development of this policy. Based on this feedback, specific attention has been given to clarifying the roles of both Landlord and Tenant within this policy, as well as clarifying the access procedures and action that will be taken if access to complete gas safety checks is not allowed.

9.2 Further monitoring of feedback will take place through resident surveys and this intelligence will be used to inform future reviews of this policy.

10.0 Communication of this policy

10.1 Key content from this policy will be included in the Housing Leeds Tenants Handbook and also made available through the Leeds.gov.uk website. Key content will also be shared regularly with residents through targeted tenant emails, and through ad-hoc social media publications.

10.2 A full copy of this policy will be made available upon request via Housingleedsinformation@leeds.gov.uk.

11.0 Policy review

11.1 A full policy review will take place in response to any changes in legislation, significant events that may impact on the policy, or at periods not exceeding 2 years.