Issue - meetings

Arising from a report of the Group Manager for Building Services, the Homes Policy Development Group has recommended that the revised Gas Safety Policy be approved subject to the following amendments providing legal clarification:

a)    Section 9.2 – remove the words ‘No mutual exchange is to take place’ from the second sentence.

b)    Section 13.1 – Amend the penultimate sentence to read: After court action and we receive the Injunction Notice, where a tenant does not provide access, we will seek to commit the tenant to prison for contempt of Court. Remove the following words from the same sentence ‘….if necessary force entry into the property to carry out the safety check and leave the property secure.’

c)    Section 13.2 – amend the wording of this section to read: ‘In addition to an injunction Mid Devon District Council may also seek possession of the property, which will run concurrently with the injunction.

d)    Section 13.3 – Is an additional paragraph and reads: ‘The Council, provided it is in its interests to do so, will continue with the legal proceeding(s) to reach a successful conclusion.’

e)    New Section 13.4 – insert new wording to state: ‘Under these circumstances it is the intention to ensure that a new LGSR is issued no longer than four months after the existing certificate has expired.’

f)     The previous Section 13.4 to now become Section 13.5 and all numbers to follow thereafter as before.

Arising from a report of the Group Manager for Building Services, the Homes Policy Development Group had recommended that the revised Gas Safety Policy be approved subject to the following amendments providing legal clarification:

a)    Section 9.2 – remove the words ‘No mutual exchange is to take place’ from the second sentence.

b)    Section 13.1 – Amend the penultimate sentence to read: After court action and we receive the Injunction Notice, where a tenant does not provide access, we will seek to commit the tenant to prison for contempt of Court. Remove the following words from the same sentence ‘….if necessary force entry into the property to carry out the safety check and leave the property secure.’

c)    Section 13.2 – amend the wording of this section to read: ‘In addition to an injunction Mid Devon District Council may also seek possession of the property, which will run concurrently with the injunction.

d)    Section 13.3 – Is an additional paragraph and reads: ‘The Council, provided it is in its interests to do so, will continue with the legal proceeding(s) to reach a successful conclusion.’

e)    New Section 13.4 – insert new wording to state: ‘Under these circumstances it is the intention to ensure that a new LGSR is issued no longer than four months after the existing certificate has expired.’

f)     The previous Section 13.4 to now become Section 13.5 and all numbers to follow thereafter as before.

The Cabinet Member for Housing outlined the contents of the report stating that the proposal for the policy was now better aligned with the Recharges Policy.  There had been a significant amendment to the Gas safety (Installation and Use) (Amendment) Regulations 2018 (Regulation 36) which related to the requirement for an inspection to be completed.  There was now a need for strict adherence to the policy which would enable access to properties for gas safety testing (even against the will of the tenant).  He outlined the process for dealing with refused access before legal involvement.  He added that the authority was at the present time 99.9% compliant with the regulations.

Consideration was given to who would be responsible if a gas incident occurred in a property and access had been refused.

RESOLVED that the recommendation of the Policy Development Group be approved.

(Proposed by Cllr R L Stanley and seconded by Cllr P H D Hare-Scott)

Note:  *Report previously circulated, copy attached to minutes.

To receive a report from the Group Manager for Building Services advising Members of the revised Gas Safety Policy.

The Group had before it a report * from the Group Manager for Building Services advising it of the review of the Gas Safety Policy.

The contents of the report were highlighted with particular reference to the following:

·         The Council, as a landlord, had a legal obligation to maintain and service all gas appliances in each of its properties which contain gas and this was conducted on an annual basis. For 60% of Council owned properties this did not present a problem but there were sometimes issues gaining access, first time, to the remaining 40% for a variety of reasons. For the most problematic of these properties it was necessary for the Council to be able to have a robust legal process in place (involving an escalation process) to enable it to take action and ultimately ensure the safety of those occupying the properties and using gas appliances.

·         Tenants were provided with a copy of any gas safety certificates which was a legal requirement on the part of the landlord.

·         The summary of additions and revisions to the Policy were discussed in detail.

·         Appendix 2 set out a summary of regulation 36A which provided information about when the next safety check can now be completed in order to retain the existing deadline date, similar to the approach for a car’s MOT. It also set out a one-off flexibility that landlords can use to align the date of an appliance check with that of other appliances at the same premises.

RECOMMENDED to the Cabinet that the revised Gas Safety Policy be approved subject to the following amendments providing legal clarification:

a)    Section 9.2 – remove the words ‘No mutual exchange is to take place’ from the second sentence.

b)    Section 13.1 – Amend the penultimate sentence to read: After court action and we receive the Injunction Notice, where a tenant does not provide access, we will seek to commit the tenant to prison for contempt of Court. Remove the following words from the same sentence ‘….if necessary force entry into the property to carry out the safety check and leave the property secure.’

c)    Section 13.2 – amend the wording of this section to read: ‘In addition to an injunction Mid Devon District Council may also seek possession of the property, which will run concurrently with the injunction.

d)    Section 13.3 – Is an additional paragraph and reads: ‘The Council, provided it is in its interests to do so, will continue with the legal proceeding(s) to reach a successful conclusion.’

e)    New Section 13.4 – insert new wording to state: ‘Under these circumstances it is the intention to ensure that a new LGSR is issued no longer than four months after the existing certificate has expired.’

f)     The previous Section 13.4 to now become Section 13.5 and all numbers to follow thereafter as before.

(Proposed by Cllr P J Heal and seconded by Cllr F W Letch)

Note: * Report previously circulated; copy attached to the signed minutes.