Gas-test warning for licensed trade

Enterprise Inns has warned licensees on leases of more than seven years that they are responsible for gas safety testing.

The warning comes amid confusion over where responsibilities lie. Last week 58 hosts posted comments about certificates, on morningadvertiser.co.uk's forum querying whether tenants or landlords should have them carried out and paid for.

Iain Evans, from the Health & Safety Executive's (HSE) legal and enforcement team said: "Any landlord of domestic property leased on a short-term basis (seven years or under including tenancy-at-will) needs to ensure that gas fittings (including appliances) and flues they own are maintained and subject to annual gas safety checks."

Enterprise head of property Russell Burton said: "We spend £400k a year on gas safety testing at pubs with leases shorter than seven years. We have done this for 10 years. We ensure new properties are handed over as per statutory requirements."

Evans added: "Where leases are longer than seven years the duty on landlords does not apply, but we would encourage tenants to have inspections carried out annually for their own safety."

Under Section 3 of the Health & Safety at Work Act (1974) landlords may have duties to ensure tenants know their responsibilities.

Another licensee wanted to know whether gas testing came under the jurisdiction of the HSE, Environmental Health Office (EHO), local council or police. Evans explained: "The HSE enforces gas safety legislation in domestic properties, while local authority EHO enforces it in commercial properties."

In practice, in pubs, both bodies may be involved.