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Gas Servicing Performance. Some good news. At the end of February 2012 we achieved 100% compliance As of today we have 2 left to complete for 100% at year end This is a marked improvement in performance. What we will cover. Our legal responsibilities Role of landlord and tenant
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Some good news • At the end of February 2012 we achieved 100% compliance • As of today we have 2 left to complete for 100% at year end • This is a marked improvement in performance
What we will cover • Our legal responsibilities • Role of landlord and tenant • A look back at performance • What happened in 2011/12 • Why and what we did about it • What next?
Landlord responsibilities • The landlord retains overall responsibility for ensuring compliance with requirements. The management contract should clearly identify who is to make arrangements for maintenance and safety checks to be carried out and to keep records.
What must landlords do? • Maintain gas fittings and flues in a safe condition • Carry out an annual safety check on each appliance/flue • Use a Gas Safe registered engineer • Keep records for at least 2 years • Issue a copy to tenants • Can’t delegate responsibility to tenants
Required action to gain access • The tenancy agreement states tenants must allow reasonable access • We must take ‘all reasonable steps’ to obtain access • We must demonstrate that we have made repeated attempts • Failure to allow access may result in legal action • We cannot use force to gain entry
Penalties for failure It may result in loss of life. Not only that, we risk being prosecuted, and this could result in imprisonment or a fine of up to £20,000, or both, for each offence. If the case is then referred to the Crown Court the maximum penalty may be imprisonment, or an unlimited fine, or both. Health & Safety Executive
Historical performance • At the end of 2010/11 we completed 99.88% of gas safety checks • 10 properties outstanding • Peaked at 206 outstanding in Nov 2010 • 78% accessed on first visit • Bottom quartile performance
2011/12 • Last year the Council raised concerns: September – 128 outstanding October – 199 outstanding November – 62 outstanding December – 32 outstanding January – 5 outstanding February – 0 outstanding
Why did this happen? • Just in time process • No cushion for refused access • Administrative error • Ineffective legal action
What did we do? • Implemented a SMART action plan • Used additional resources • More evening and weekend appointments • Extensive telephone contact • Daily performance reviews • Reviewed the process • The Council agreed to use the EPA • Strengthened the information to Board(s)
A few more facts and figures • 5,999 accessed on first visit (74%) • Partnership with Fire & Rescue • 432 vulnerable tenants referred • 140 service minders installed • Solid fuel now done bi-annually • This is fully up to date
What happens next? • Aim to sustain recent good performance • Provide detailed risk information to Board • Work with NCC on legal cases • Aim for top quartile at year end