CROYDON CHURCHES HOUSING ASSOCIATION GAS SAFETY POLICY 2017 - 2019 Purpose To ensure that the gas equipment that CCHA provides remains in safe working order and meets with the current Gas Safety [Installations and use] regulations 1998 SI 2451. To ensure that gas appliances are checked every year. To ensure that records of checks are kept. To give each tenant a copy of the record. To give any new tenant a copy of the record. 1. Gas service/Safety check orders. 1.1 The Asset and Maintenance Manager is responsible for ensuring that approved heating engineers carry out annual service and safety checks to all gas appliances. He/she will maintain a master schedule listing all schemes with gas supplies detailing the contractor who has been asked to carry out the service check, a copy of the certificate will be kept electronically on the CCHA server. 2. Service Programmes (For full details see process chart) 2.1 The contractor employed to carry out the service programme will issue letters to tenants detailing when their service will take place approximately 10 weeks prior to due date. 2.2 If access is gained on the first visit then the gas safety certificate (LGSR, CP12 or CP1) is completed and sent to CCHA so that the records can be updated. The resident will also be issued a copy of the LGSR by the contractor. The contractor is also obliged to maintain an accurate record of the gas servicing and to provide client access to their LGSR database and regular KPI and compliancy reports. 2.3 If access is not gained on the first visit then that property enters into the no access procedure. The contractor will write to the resident a further two times allowing 7 days between letters for the resident to contact them. The contractor will also photograph the door at this stage for audit purposes. If contact is not made or appointments are made and then missed then the contractor is considered to have fulfilled their obligations and the property is referred back to CCHA for them to deal with. On all occasions the contractor must leave a no access card on site. On referral, the contractor must provide CCHA with copies of all letters that have been sent to date and any other details that they have. 2.4 Once the property has been referred back to CCHA, the Senior Property Services Officer will write to the resident once and allow them 7 days to make an appointment. This letter will be sent first class or hand delivered by a CCHA member of staff stating that there may be court action if the request for access is not responded to (see CCHA GNA Letter Template Appendix 1). The property services department will also consult with the housing team at the same time as they may have in depth knowledge about the resident which may influence how we pursue the matter 2.5 The Senior Property Services Officer or Property Services Assistant will then refer the case to our legal team who would look to pursue court action on CCHA’s behalf in order to gain access to undertake the gas safety and check by way of an interim relief order or equivalent (see CCHA GNA Solicitors Letter Template Appendix 2). In the event an appointment has been made between the final four week period and the CP12 expiry date the legal team will defer taking any legal action until such point that the agreed appointment has been missed by the resident. Additionally in the event that an appointment cannot be made for an exceptional reason i.e. CCHA are advised a resident is oversees, in hospital, in prison etc the Senior Property Services Officer will officially refer the case to the Asset and Maintenance Manager for escalation to the Leadership Team for a decision on how to proceed. In all cases this will be in writing. 2.6 If we have had to send a solicitors letter and go to court to get an interim relief order to gain access we would note this as a difficult access property and as such an interval time clock may be installed when the gas safety certificate is undertaken. This has a built in timer and recognises when the service is due and as soon as it comes to the servicing deadline of 11 months it will limit the time which the heating will come on for. This is to encourage the residents to call in to the gas service engineer who can then access to carry out service. 3. Landlords Gas Safety Record [Copy 1] 3.1 On completion of a service the engineer will complete a LGSR for the property and the contractor will issue the resident with a copy of the LGSR by post within 48 hours of the service being completed. 3.2 To ensure compliance with regulations the gas safety check will be carried out if the property becomes void. 4. Landlords Gas Safety Record [Copy 2] 4.1 On completion of a service, the engineer will submit the landlord copy of the gas safety record to their administrator who will record all the relevant information onto the computer system. Details will include date serviced, name of engineer, and the gas safety record serial number. A copy will be passed electronically within 48 hours to CCHA so that their own electronic records can be updated. 4.2 The record will then be filed in the relevant file or computer database. 5.0 GAS SAFETY AUDIT 5.1 An independent company/consultant (currently Frankhams or Calford Seadon) will survey and inspect a target 5% of the works carried out by the servicing contractor on a yearly cycle. 5.2 The consultant will be granted access to 100% of the LGSRs and will select and audit a target 5% ratio of completed service/inspection work of the 900 plus properties maintained by the servicing contractor. 5.3 A report of their audit will be submitted by the consultant/auditor to the Asset and Maintenance Manager for review. 6.0 Void Servicing and Replacement boilers NOT completed by the main gas servicing contractor. 6.1 There may be circumstances when gas servicing may be undertaken without the knowledge of the main gas servicing contractor though this will be by exception in cases such as the following; Occasional gas safety certificates on voids by the main responsive contractor Replacement boilers which are completed as part of the Planned Works Programme by the main planned works contractor New developments which are handed over 6. 2 In these instances CCHA have an obligation to inform the main gas servicing contractor that these works are completed so that they can update their records. 6.3 On each occasion a gas safety certificate would need to be produced and this would be issued to CCHA as part of a handover pack. At this time CCHA must photocopy or scan the certificate and then file the original on the main gas safety files. A copy would then need to go to the main gas contractor so that their records can be updated and also to housing to include in their welcome pack as an original should already have been left on site. 7.0 Incentives to encourage access 7.1 Inherently, access for servicing has always been a difficult area in which to gain access as the residents still have heating and hot water and as such historically are more reluctant to take time off to allow access. Therefore we are offering evening and weekend appointments to residents who have a problem with allowing access through the day. 7.2 Capping of services may be required in extreme cases especially within multiple occupancy dwellings. CCHA reserve the right to take this action following an assessment of the risk to the resident, the public and the property. Appendices 1.0 2.0 3.0 CCHA Letter – CCHA GNA Letter Template CCHA GNA Solicitors Letter Gas Non Access Procedure Appendix 1 - CCHA GNA Letter Template Address Date Dear Re: Access for your Annual Gas Safety Inspection We have now been informed by Smith and Byford our Gas Contractors that they have not been able to gain access to your property, to carry out your annual gas safety inspection which expires on the XXX As this is a mandatory, legal process, which is essential for your health and safety we are urgently requiring access into your property. Please contact Smith and Byford by the XXX on their free phone number 0800 169 7703 to arrange an appointment for your inspection. Alternatively you can contact me on 0208 680 7532 or 0208 633 8783 to discuss this further. As mentioned before this is a legal process and failure to comply will result in legal action taken against you and may result in you incurring cost of up to £1000. Please do not hesitate to contact me should you have any further concerns regarding this issue. Yours Sincerely Romy Lyons-George Senior Property Services Officer. Appendix 2 CCHA GNA Solicitors Letter Address Date Dear Madam, Gas Safety (Installation and Use) Regulations 1998 Breach of Tenancy – Failure to allow access for gas servicing We act on behalf of your landlord Croydon Churches Housing Association Limited. We are instructed that our client’s contractors have been unable to gain access to your home, to ensure that any gas appliances you have are maintained in a safe condition, and to carry out an annual safety check, which is due on 09/09/2016. Our client has a legal obligation to undertake this work under the above regulations. Under the terms of your Tenancy Agreement, you must allow access to your home for this inspection and service to be completed. To date, despite a number of letters, and visits to your property, you have failed to allow contractors access. You have an appointment booked on XXX, please ensure this is kept. If this appointment is inconvenient, please contact our client’s Property Services team on 0208 633 8783 or 0208 680 7532 between the hours of 8.30am and 5.00pm Monday to Friday to book an appointment (please do not contact ourselves). If you subsequently fail to keep the appointment, we will be instructed to take immediate legal action against you to obtain a Court Order known as an Injunction. Such an injunction, if granted by the Court, will compel you to allow our client access to your home. If such legal proceedings become necessary, we will ask the Court to make an Order that you pay our client’s legal costs which could be in excess of £1,000.00. Please ensure that you have a minimum of £2.00 credit on both your gas and electric meters in order for the Contractor to carry out the gas safety inspection and service. YOUR HOME IS AT RISK! If you have any doubts about your legal position we suggest you seek legal advice from a solicitor of your choice, a Citizens’ Advice Bureau or Housing Advice Centre. Yours faithfully Capsticks Solicitors LLP Appendix 3 Gas Non Access Procedure TIMELINE SERVICE ACCESS PROCESS Access Letter 1 generated 10 weeks prior to anniversary, giving appointment for 14 days time 10 weeks 8 weeks 2 days 2 days prior to appointment, any unconfirmed address to be contacted by S&B office. 8 weeks 1 day Day before appointment, S&B system sends text reminder of appointment 8 Weeks LETTER 1 & NO ACCESS 1 Engineer attends 1st appointment 8 Weeks Access Gained Y Engineer completes CP12 on Handheld Data Device S&Bs Office check CP12 and send electronically to CCHA. Hard copy of LGSR to be posted to resident within 14 days of service completion N NA1 8 Weeks Engineer to call resident via mobile and/or check with neighbours. If NA fill in and leave duplicated NA card & return copy to office. Engineer completes No Access record and sends back to Office via Hand held 8 Weeks S&B records No access LETTER 2 & NO ACCESS 2 Resident contacts within 7 days? Y N 7 Weeks 6 weeks 2 days 6 weeks 1 day 6 weeks Access Letter 2 generated 7 days from NA1 visit, giving appointment for 7 days time S&B office make 2nd access appointment with resident 2 days prior to appointment, any unconfirmed address to be contacted by S&B. Day before appointment, S&B system sends text reminder of appointment Engineer attends 2nd appointment Smith and Byford Y 6 Weeks Access Gained N NA2 Engineer completes No Access record and sends back to Office via Hand held. At this time they also sticker the key hole and photograph the door. LETTER 3 AND NO ACCESS S&B records No access and refers back to CCHA office. Letter 3 sent by S&B to Resident - S&B advise CCHA that letter has been sent via an email to the Maintenance Inbox Resident contacts within 7 days? 5 Weeks S&B Office make 3rd access appointment with resident N Day before appointment, S&B system sends text reminder of appointment Engineer attends 3rd appointment Y Access Gained N 4 Weeks NA3 LEGAL REFERAL PROCESS S&B refer address to CCHA via email, with No Access dates and copies of the letters sent to date This will ensure CCHA Hsg Mgt engage with tenant to emphasise importance of appointment 4 Weeks CCHA Maintenance Co-ordinator to liaise with housing regarding diversity and vulnerability and to write to the resident giving them 7 days to contact using CCHA GNA Letter Template Resident contacts within 7 days? Y N 3 Weeks 2 Days CCHA to call resident after 5 days Smith and Byford and CCHA CCHA to book appointment for S&B to attend as before. If appointment is made the Legal proceedings are deferred until such point that the appointment is missed. In the event that a resident is "otherwise disposed" i.e. in hospital or prison the SPSO will write to the A&MM to advise. This will then be escalated to LT for a CCHA Y Access Gained N 3 Weeks In all cases Maintenance Co-ordinator instructs legal team to start legal proceedings (deferred if appointment pending or if instructed by LT due to resident being "otherwise disposed". Letters issued by legal team and CCHA advising tenant of escalation using CCHA GNA Solicitors Letter Template Start of Legal Referall Process CCHA/Legal 3 Weeks 1 Week Housing team will investigate further to see if they can assist with access when access is gained an interval time clock may be installed to the system to aid access in future. Spec of timer Expiry of LGSR Legal team pursue court date and gain access via the courts Version History Policy name Gas Safety Policy Version code 2.0 Craig Humphrey, Lead Officer Property Services Manager Equality Impact Assessment February 2013 Ref: EIA 1 Completed April 2013 Ref: RC26 Resident Consultation Completed Date of Issue: November 2016 – Colleague consultation N/A Policies and procedures replaced Gas Safety Policy 2015 - 2017
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