Gas safety remains one of the most important landlord responsibilities in the private rented sector.
Where a rented property contains relevant gas appliances, flues or installations, landlords need to make sure the required checks are carried out by a properly qualified engineer, that records are retained and that tenants receive the information they are entitled to.
The legal duty is well established, but problems still arise because landlords leave inspections too late, fail to document attempted access or assume a managing agent will automatically deal with everything correctly.
The annual gas safety check
For most rented properties with gas, landlords need to arrange a gas safety check at least once every 12 months.
The check should be carried out by an engineer who is appropriately registered and competent for the work involved.
Landlords should not treat this as a general boiler service.
A service may be useful for maintenance, but the statutory gas safety check is a separate compliance requirement and needs to be recorded properly.
Keep the gas safety record
After the check, the landlord should receive a gas safety record.
That record should be retained with the property file.
A sensible compliance file should show:
- the date of the inspection;
- the property address;
- the appliances or flues checked;
- the engineer’s details;
- any defects identified;
- any remedial work required; and
- the date the tenant was given the record.
Landlords should avoid relying solely on the contractor to retain the paperwork.
Give the tenant the record
Tenants are entitled to receive the gas safety record.
For a new tenancy, the record should normally be supplied before the tenant moves in.
For an existing tenancy, a new record should be supplied after each annual check within the required timescale.
Landlords should keep evidence showing when and how the record was delivered.
That might be by email, tenant portal, hand delivery or another method that can be evidenced.
Do not leave the inspection until the last minute
One of the simplest ways landlords can create unnecessary risk is by arranging the annual check too close to the deadline.
Tenants may be unavailable. Engineers can cancel. Repairs may be required before the property can be confirmed as safe.
The better approach is to arrange the inspection early enough to allow time for:
- access problems;
- cancelled appointments;
- remedial work; and
- a return visit if necessary.
A diary reminder several weeks before the due date can make a major difference.
What if the tenant refuses access?
Access disputes are one of the most common gas-safety problems.
A landlord cannot simply force entry because the annual inspection is due.
Instead, the landlord should make repeated, reasonable attempts to arrange access and keep evidence of every attempt.
That evidence might include:
- letters;
- emails;
- text messages;
- appointment confirmations;
- contractor notes;
- missed-visit records; and
- proposed alternative dates.
The stronger the evidence, the easier it is to demonstrate that the landlord took the duty seriously and did not simply ignore the inspection.
Keep trying
A tenant refusing access does not mean the landlord can simply abandon the process.
Continue making reasonable attempts.
Where access is repeatedly refused and the inspection cannot be completed, landlords may need specialist advice about the appropriate legal route.
The key point is to show an ongoing, documented effort to comply.
What if a defect is found?
If the engineer identifies a safety issue, landlords should deal with it promptly.
Some defects may require an appliance to be disconnected or taken out of use.
Landlords should keep:
- the engineer’s report;
- quotations;
- invoices;
- repair records;
- replacement-appliance details; and
- any follow-up certificates.
Gas safety is not just about obtaining the annual record. Any problems identified need to be addressed properly.
Using a managing agent
Where an agent manages the property, landlords should be clear about who is responsible for:
- booking the inspection;
- arranging access;
- receiving the certificate;
- supplying it to the tenant;
- organising remedial work; and
- monitoring the renewal date.
Ask for copies of the documents.
Do not assume that the agent’s internal system means the landlord never needs to check the file.
How does the position differ across the UK?
The broad gas-safety responsibilities apply across Great Britain, but landlords should still follow the requirements and guidance relevant to the nation in which the property is situated.
England, Wales and Scotland each operate under different tenancy systems, even though gas-safety duties are broadly similar.
Northern Ireland has its own legal framework and landlords should follow the specific requirements applying there rather than assuming that Great Britain procedures are identical.
Carry out a gas-safety audit
For every relevant property, landlords should be able to answer:
- When is the next gas safety check due?
- Who is responsible for arranging it?
- Is the engineer properly qualified?
- Has the tenant received the latest record?
- Can you prove when it was supplied?
- Is there evidence of attempted access if the tenant has refused?
- Have all defects been dealt with?
If any of those answers is unclear, the property file should be reviewed.
Gas safety compliance depends on more than booking an engineer once a year. Good timing, proper records and evidence of what was done are just as important.
NetRent’s Landlord Legal Updates will continue to explain important legal and regulatory issues affecting landlords, letting agents and tenants across the UK.
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Important information
NetRent does not provide legal advice. The articles represent our understanding of rental property law and are for general information only.