How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Law
Satisfied Customers: 12181
Experience:  30 years as a practising solicitor.
Type Your Law Question Here...
JGM is online now

I have a FRI lease on a building which comprises a flat and

This answer was rated:

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?'

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.
Please leave a positive response so that I am credited for my time.
JGM and other Law Specialists are ready to help you