From 1 January 2013, concealed flues – usually found in apartments – should have inspection hatches fitted.  Hatches should be at least 300mm square and positioned within 1.5m of any joint in the flue system.

Landlords must keep flues safe, and gas appliances must be checked once a year by a Gas Safe registered engineer (which has replaced CORGI).

From 1 January 2013, if the engineer cannot view a concealed boiler flue along its length, it will classify the installation as “At Risk” for the safety of the occupants.

The engineer will formally advise occupants that the boiler is “At Risk”, turn it off with their consent and advise them not to use it until inspection hatches are fitted.

If your tenant is advised to turn off a boiler after 1 January 2013, he might argue that you are in breach of your repairing covenant or refuse to pay rent.

Abacus Solicitors act for residential and commercial landlords and have the depth of experience and expertise to advise on legal and regulatory matters.

 If you wish to discuss a similar issue or any other matter concerning residential lettings please contact Sean Daly on 0161 833 0044 or by email at