There has been a huge increase in the number of shared ownership properties all over the UK and there is some confusion as to who is responsible for ensuring the gas safety checks and records are up to date, is it the resident who lives in the property who owns a percentage of the home, or is it the housing association how owns the remainder of the home?
There are a couple of things you need to consider here to establish who is responsible?
1) What are the definitions that are contained within the agreement between the resident and the housing association, it should have information here regarding the length of the lease / and / or any payment of maintenance charges / rent?
2) The Gas Safety (Installation and Use) Regulations of 1998 set out to exclude long leases (specified as those lasting over 7 years) from being subject to the landlord’s duties under Regulation 36 therefore if the agreement says the lease is longer than 7 years the duties of a landlord do not apply and therefore an annual gas safety check is not required.
3) However, if the resident pays rent rather than a maintenance charge then the housing association has a responsibility for both the annual checks and maintenance.
4) If the resident pays a maintenance charge, then it’s the resident who is responsible for their own gas safety and maintenance.
Its therefore important to go through your agreement and establish the length of term of your lease and whether you are making payments for maintenance or for rent.