Gas Safety Policy

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.
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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;
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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