The Importance Of Gas Safety In Homes And The Protection Of Vulnerable Tenants

• Published date: 05 October 2023
• Subject Matter: Real Estate and Construction, Real Estate, Landlord & Tenant - Leases
• Law Firm: Weightmans
• Author: Sian Evans

The latest Insight Report from the Housing Ombudsman published this September reflected on gas safety in our homes.

Two cases highlight the importance of a landlord's duty to have accurate and updated records of tenant's vulnerabilities to ensure adequate treatment and accommodation for all tenants.

Solihull Council (202010123)

First, the Housing Ombudsman made a finding of maladministration for Solihull Council. This was in response to their poor handling of gas safety testing which resulted in a vulnerable resident being without a gas safety certificate for a period of 11 months. The landlord was aware of the resident's vulnerabilities and subsequent difficulties surrounding access to the property. There had also been a previous gas leak caused by the tenant which the landlord had knowledge of.

Whilst the landlord's policy stated that vulnerable tenants will not have their gas supply capped off, it was stated that the safety of the tenant and others in the locality should have taken priority. The council argued that they went to considerable lengths to explore every available alternative to legal action, but it was found that these actions were not taken quickly enough.

Cross Keys Homes (202106073)

Second, the Housing Ombudsman made a finding of reasonable redress for Cross Keys Homes following its treatment of a vulnerable tenant. The tenant, who was elderly and in ill-health, refused access to the landlord when self-isolating during the Covid pandemic. The landlord did not check at any stage whether the resident was vulnerable or had any health conditions and capped the property's gas supply, leaving the resident without gas for 10 months. In doing so, they failed to act in accordance with their own gas safety policy which states that vulnerable residents must be supported by the landlord's specialist interventions team.

The outcome of these cases

The Ombudsman's decisions highlight the importance of a landlord's responsibility to take pre-emptive action when a vulnerable tenant is renting a property, whilst also being sensitive to...