Legal requirement for Gas Gaining Access Date: 11/06/2014 Ken Brown ken.brown@wheatley-group.com
Wheatley Group The Wheatley Group was established in 2013 and comprises of the following six organisations namely: • Glasgow Housing Association • Cube Housing Association Ltd • West Lothian Housing Partnership • Lowther Properties • Loretto Housing and Loretto Care • Your Place • 28,049 Gas Properties in total • 100% have a valid Landlords Gas Safety Certificate. 2
Why we are here To prevent this: 3
Legal Requirement There are two main pieces of Legislation that impose a legal responsibility for gas safety on Landlords namely: • The Health and Safety at Work act 1974 • The Gas Safety (Installation and Use) Regulations 1998 The key question that you need to consider is: “Does the organisation comply with Gas Safety Regulations?” In addition to our Legal requirement we as social housing Landlords are also answerable to the Housing Regulator. 4
Legal Requirement Given the Legislation and the legal obligation imposed on Landlords it is imperative your organisation has policy and procedural documentation in place. As a standard guide it should cover the following: Policy / Procedure Title 1 Corporate Gas Safety Policy 2 Specific Contractor Instruction 3 Qualifying Contractors Operatives 4 Uniformity of Documentation 5 Unsafe Situation 6 Gas Escapes / Fumes 7 Gaining Access 8 Void Properties 9 Mutual Exchanges 10 Quality Control 11 Storage & Retrieval of Gas Documentation Auditable Procedures to Demonstrate ‘Reasonable Steps’ have been followed 5
Wheatley Access Model Annual safety check and service timescale • 10 month servicing schedule • Contractors 2 visits (max 4 weeks process) • Access requirement passed to relevant group member (max 4 weeks process) • Letter 1 (week 1) • Letter 2 / 3 recorded delivery(week 2) • Letter 4, forcing access, hand delivered (week 3, forcing access 5 days later) • At forced access service interval timer fitted. • If access is forced keys are held at the Local Housing Office. 6
Wheatley Access Model Daily Gas Servicing Summary Created By Performance Team, Business Improvement Last Updated on Monday 02 June 2014 07:28:54 Summary of gas servicing measures for iWorld Repairs on Monday 02 June 2014. Complete and cancelled work orders refers to activity over the last 7 days. 100.00% of 28,049 Gas Properties With A Valid CP12. CP12 Status Outstanding Work Orders Area Summary All Work Gas Properties CP12 Status Gas Properties % Gas Properties Process Stage % Work Orders % Without Valid Gas Properties Without Gas Properties Without Orders Without CP12 Area Gas Properties CP12 CP12 CP12 and No Work Order Valid 28,049 100.00% City Building To Action 1896 89.63% 0 CUBE 935 100.00% 0 0 GHA No Access 292 10.37% 0 EAST 9119 100.00% 0 0 Total Gas Properties 28,049 No Work Order 0 N/A LOWTHER 171 100.00% 0 0 Total 2188 SOUTH 9928 100.00% 0 0 WEST 7515 100.00% 0 0 Completed Work Orders W. LOTHIAN 381 100.00% 0 0 Access Stage Work Orders Complete In Period % Work Orders First Visit 442 70.38% Cancelled Work Orders Second Visit 117 18.63% Gas Properties Without Reason All Work Orders % Work Orders Letter - No Letter 8 1.27% CP12 Letter - Letter 1 8 1.27% Cancelled at LHO Request 3 50.00% 0 Letter - Letter 2 26 4.14% Duplicate Works Order 3 50.00% 0 Total 6 Letter - Letter 3 2 0.32% Letter - Letter 4 25 3.98% Total 628 No Access Rate On First Visit 29.62% No Access Rate On Second Visit 37.10% Total No Access Rate 34.24% 7
Legal Opinion to force access The Scottish Executive published the Model Scottish Secure Tenancy Agreement (SST) in 2002 Under SST paragraph 5.12 states: “We have the right to come into your house to inspect it and its fixtures and fittings or carry out repairs to it, or adjoining property, during reasonable times of the day. We will give you at least 24 hours’ notice in writing. … If you refuse us entry, we will have the right to make forcible entry provided we have given you every reasonable opportunity to let us in voluntarily. If we have to make forcible entry, in this situation, you are liable for the costs of any damage reasonable caused. In an emergency, we have the right to make forcible entry to the house without notice ”. 8
Legal Opinion to force access In 2009 Murray Stable produced an opinion of Counsel which answered key questions set by Scottish Federation of Housing: The questions put to counsel and a summary answer are detailed below: A. Does Counsel consider that landlords are entitled to take forcible entry brevi manu relying on the terms of its SST Agreement? YES B. What risks does counsel foresee if landlords were to adopt that practice in order to meet deadlines? Not many see part 6 of main document C. What risks to the landlords does counsel foresee if landlords were to only seek entry by way of court order? A few see part 7 of main document D. If the landlords were to decide not to force entry, seeking court orders instead and in doing so fail to meet the statutory deadline, what defences would be available to them? The regulation 39 defence see part 8 of main document E. Are there any other matters which should be taken into account by the landlord when revising their procedures in this area, generally and with specific reference to the February 2009 draft practice note? YES see part 9 of main document Full document available from SFHA. 9
Questions?
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