Landlords responsibilities regarding gas safety

The law in the United Kingdom is very strict about gas safety in rented properties. The landlord and tenant act of 1985 states that a landlord is required to:

• to keep in repair and proper working order the installations in the dwelling for the supply of water, gas, electricity and for sanitation (including basins, sinks, baths and sanitary conveniences) but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity, and
• to keep in repair and proper working order the installation in the dwelling for space heating and heating water

Note: The excerpt above is only the bits of section 11 of the act that relates to gas safety.

The rule is in effect regardless of the tenancy agreement. Landlords cannot dismiss this responsibility in no circumstances.

The official legislation that regulates using gas in rented properties is the Gas Safety Act of 1998. The act assigns responsibilities for both landlords and tenants regarding how to use, monitor and maintain the property’s gas supply and appliances. One of the key regulations is the one about the gas safety certificate.

Gas safety certificate

To be renting out their property legally, landlords must obtain a gas safety certificate. The Deregulation Act mandates landlords to provide tenants with a valid certificate before they move.

The gas safety certificate is an official document that records the condition of all gas features, appliances and gas infrastructure at the property. In short, it tells you whether the property meets the government’s requirements.

The gas safety record is a standardised document. The Tenants’ Voice suggests you take a look at this sample by the Gas Safe Register. The record you receive should be very similar in contents.

What information does a gas safety record contain?

• The full name, signature and registration number of the gas engineer who performed the gas safety check
• The address of the property being checked
• The contact details of the landlord of the property, or an estate agent if applicable
• The date of the inspection
• The location and description of all gas appliances and flues
• Any defects or irregularities found with the gas appliances
• Any repairs that have been done on the spot
• What repairs are still necessary to bring the appliances into working condition
• When the appliance needs to be serviced again
• Confirmation that all relevant safety checks have been carried out

When you go view a property, remember to ask for the gas safety certificate. If the landlord or letting agent can show a valid certificate, they likely follow the required safety standards in your property.

You should ask about the gas safety certificate before you sign the tenancy agreement and move in. The landlord or letting agent is obliged to supply it to you.

For tenants on a very short term (less than 28 days) tenancy, a copy of the gas safety record must be displayed in a prominent position within the property. If not, you need to check where it is, ask to see it and ask if the gas appliances have indeed been checked at all.

The gas safety record can only be valid, if it has been issued by a gas safe registered engineer. The law requires all working gas engineers to be registered into the Gas Safe Register. Otherwise, they are working illegally. All work carried out by an engineer who is not part of the Gas Safe Register, their work is also illegal.

Note: Always require the Gas Safe Register ID card of your engineer.

What does the engineer do to check gas safety?

The gas safe engineer will test all appliances and gas tubing, but also:

• Check the chimneys and flues for blockage. The engineer will likely use smoke pellets and trace how much of the smoke makes it’s way outside. If any returns to the origin, the flue is likely blocked and needs to be cleared.
• Check the gas connections and infrastructure. It’s important that the gas supply is delivering gas safely and directly to your gas appliances. The engineer will check if all connections follow safety regulations.
• Check the ventilation and oxygen supply. The gas safe engineer will check if enough oxygen is supplied to correctly burn gas.
• Check every gas appliance. The engineer will list basic model and manufacturer information about each gas appliance. They will test how they work and if they burn gas correctly, without fault. If anything is amiss, they will turn off and disconnect the appliance. If there is a simple fix to the problem, they might try to repair the appliance on the spot. However, if there is need for more serious repair, they will include repair and maintenance recommendations in the report.

At the end of the check your landlord will be given a gas safety record. If you are already resident and the check is the annual mandatory check, then you will be given the record as well. In most cases tenants should receive a copy of the original. All original gas inspection records must be kept by the tenant and/or landlord for a minimum of two years.

Landlords need to carry out the gas safety check annually

Landlords are required to repeat this gas inspection every year. It’s the only way to legally obtain a gas safety certificate, which is only valid for 12 months. Without it, the property cannot be let.

Not upholding gas use standards, as required by the law, is a serious offence. Letting a property that doesn’t safely use gas is absolutely illegal and can be viewed as a criminal offence. The penalty for renting a property without a gas safety check includes a substantial fine and/or imprisonment:

• Invalid insurance
• Up to £6000 in fines
• Six months in prison
• Court action from a tenant who is suing for civil damages
• Manslaughter charges if a tenant dies as a result of poorly maintained / unsafe gas appliances or system