Gas Safety Inspection - Not performed correctly?

rdr

The gas safety check requires the whole length of the flue to be inspected, to do this you must see it. If he didn't go into the loft he hasn't done the test - you are not protected and he is breaking the law.
If you are sure he didn't go there report him to gassafe and the HSE.

silvercar

rdr wrote: »

The gas safety check requires the whole length of the flue to be inspected, to do this you must see it. If he didn't go into the loft he hasn't done the test - you are not protected and he is breaking the law.
If you are sure he didn't go there report him to gassafe and the HSE.

Who is breaking the law? The gasman or the landlord. Certainly the landlord has fulfilled his legal obligations by paying for and ensuring that a gas safety certificate is issued. The gasman is cutting corners and should be pulled up on it.

Mouseman

"If he didn't go into the loft he hasn't done the test - you are not protected and he is breaking the law."

Seems fairly clear that that sentence is damning the gas engineer? The subject remains the same.

prudryden

If you are going to file a negligence report be sure to protect yourself. Get signed affidavits with witnesses from your OH and his relatives. You don't want to be paying the inspector's loss income for the rest of your life.

rdr

silvercar wrote: »

Who is breaking the law? The gasman or the landlord. Certainly the landlord has fulfilled his legal obligations by paying for and ensuring that a gas safety certificate is issued. The gasman is cutting corners and should be pulled up on it.

The gasman has broken the law if he has issued the certificate without doing a proper check.
The landlord will be breaking the law if he lets the house without a valid LGSC, so tell him what has happened and it is his responsibility to sort it out. The gasman's contract is with him not you.

prudryden

The landlord has a valid LGSR (not LGSC) if it is signed, dated and has the inspector's REG no. You can tell the LL, but he will just ask for proof. The OP can only pass on hearsay information. Not worth a lot unfortunately.

rdr

prudryden wrote: »

The landlord has a valid LGSR (not LGSC) if it is signed, dated and has the inspector's REG no. You can tell the LL, but he will just ask for proof. The OP can only pass on hearsay information. Not worth a lot unfortunately.

Regulation 36 of the Gas Safety (Installation and Use) Regulations 1998 imposes three destinct, but linked obigations on the landlord:

(2) Every landlord shall ensure that there is maintained in 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 above, a landlord
shall -
(a) ensure that each appliance and flue to which that duty extends is checked for safety within 12 months of being installed and at intervals of not more than 12 months since it was last checked for safety (whether such check was made pursuant to these Regulations or not);
(b)...
(c) ensure that a record in respect of any appliance or flue so checked is made and retained for a period of 2 years from the date of that check, which record shall include the following information -

from HSE
possession of the certificate alone is not enough, it is not impossible that you get this off your mate the plumber for a nominal charge and no work. It may well be that the landlord has acted in good faith, but if the test was not done properly he has not fulfilled his duty.
An HSE inspector investigating this could easily take a statement from the people present as saying that the gas man did not go into the loft -- this would not be hearsay.
Had the landlord unwittingly been ripped off by the gas man it is unlikely he would be prosecuted, however, if it were shown he colluded in the visit to solely to issue a certificate with no intention of doing the work and profited from it he would be hung out to dry.
If the test was not done properly the certificate is worthless and it is a landlord's responsibility to get the test done properly.
You should raise your concerns with him and then it is his duty to investigate and remedy the problem.

prudryden

rdr wrote: »

Regulation 36 of the Gas Safety (Installation and Use) Regulations 1998 imposes three destinct, but linked obigations on the landlord:

from HSE
possession of the certificate alone is not enough, it is not impossible that you get this off your mate the plumber for a nominal charge and no work. It may well be that the landlord has acted in good faith, but if the test was not done properly he has not fulfilled his duty.
An HSE inspector investigating this could easily take a statement from the people present as saying that the gas man did not go into the loft -- this would not be hearsay.
Had the landlord unwittingly been ripped off by the gas man it is unlikely he would be prosecuted, however, if it were shown he colluded in the visit to solely to issue a certificate with no intention of doing the work and profited from it he would be hung out to dry.
If the test was not done properly the certificate is worthless and it is a landlord's responsibility to get the test done properly.
You should raise your concerns with him and then it is his duty to investigate and remedy the problem.

That has got to be the most idiotic statement of all time.;

sonastin

prudryden wrote: »

That has got to be the most idiotic statement of all time.;

care to explain why? it doesn't look remotely idiotic to me. I am open to being educated about what is wrong with the statement...

rdr

sonastin wrote: »

care to explain why? it doesn't look remotely idiotic to me. I am open to being educated about what is wrong with the statement...

Still waiting