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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11557
Experience:  30 years as a practising solicitor.
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I have a FRI lease on a building which comprises a flat and

Resolved Question:

I have a FRI lease on a building which comprises a flat and a shop. The building has recently been sold.

The previous owner kept the gas system in the flat covered by a service agreement including safety inspections as he understood himself to be responsible for gas safety in the residential part.

The new owner says he is unaware of this and that we should get out own cover.

British Gas say they can only cover the owner of the building.

Please help me find out who is correct.

Leon Berrange London

EDIT: There is nothing in the lease agreement about this

EDIT Another way to phrase this is: 'Is a landlord responsible for gas safety in residential accommodation he lets out, even if under a FRI lease?'

Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Was the residential part let to you as a home or for you to let out to someone else as a home?
In other words, whilst you have an FRi over the building, if the flat element is your home, the landlord has to comply with housing legislation, such as gas safety, and can't avoid this. The type of lease is wrong, but the landlord can't hide behind this as he is essentially letting residential property to a residential tenant.
On the other hand if he is letting to you and you are letting to a residential tenant in turn the liability transfers to you.
I hope that helps.
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