David Barr
Published: August 24th, 2021
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What are the gas safety regulations for landlords?
Do landlords have to provide gas safety certificates?
How often do you need a gas safety inspection?
What does a gas safety inspection include?
Do I have to notify my tenant of a gas safety inspection?
When do I have to provide the tenant with the gas safety certificate?
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LANDLORD GAS SAFETY CERTIFICATE REGULATIONS: WHAT YOU NEED TO KNOW
You’ve likely landed on this page because you’re either a new landlord or want to be a landlord and you want to research what kind of regulations you have to abide by, specifically Gas Safety. There’s a fair amount to get your head around in regards to what the regulations are, the certificate you have to provide, the inspection and more.
We’ve written a complete and comprehensive guide on the subject, covering just about everything you need to know about gas safety check regulations as a landlord.
Being a landlord you have a responsibility to make the property safe for your tenants, and a large part of that is gas safety. In 1998 there was a regulation put into place for the installation and use of gas appliances, fittings and flues in the property are deemed safe for the tenants.
You as the landlord are responsible for ensuring these are safe through a gas safety inspection undergone by a Gas Safe Registered engineer. This also includes any communal area gas appliances, fittings and flues.
There was a further implementation of the Gas Safety Regulations in 2018 which provided landlords with a little bit more flexibility. The amendment meant that the renewal of gas safety records means there’s more flexibility on the timing of annual safety checks, which you can do now up to two months prior to the deadline date.
Yes – as a landlord you have to provide a gas safety certificate to your tenant(s), by law. You are required to provide a copy to each existing tenant within 28 days of the check being completed and issue a copy to any new tenant.
If you refuse to provide this to the tenant they can make a complaint via the LGSR1 form to HSE (Health and Safety Executive).
Can a landlord be fined for not having a gas safety certificate?
Yes, they can be and it’s a fairly serious offence. Not upholding gas use standards which are required by law can land you in some pretty hot water and is viewed as a criminal offence.
Failure to provide a gas safety certificate can invalidate your insurance, lead-in up to £6,000 worth of fines, land you in jail for six months and the tenant may also be able to sue for civil damages – in the very worst-case scenario a poorly maintained or unsafe gas appliance that causes a tenants death may also result in manslaughter charges.
Gas safety checks need to be conducted every year, although you need to keep a record of the certificate for two years. The inspection needs to happen to all gas appliances/flue in the property.
As we previously mentioned, thanks to new regulations you can renew the gas safety record up to two months prior to its expiry date which is the end of the 12 month period – you won’t lose any validity period either.
It’s important to keep in mind that this style of renewal is only available if you can prove that the previous two gas checks have been carried out on time.
How long does it take?
It depends how many appliances that you have that you need the Gas Safe engineer to check, however for a standard-sized property with only a few appliances, and as long as no urgent repairs are needed then you can expect it to take around 30 minutes or so.
When you contact a Gas Safe Engineer they should be able to give you a better idea of this once you tell them the appliances to check – this might be necessary if your tenant is wanting to know.
Your annual gas safety check which is undergone by a Gas Safe Registered Engineer includes the inspection of all your gas appliances which will likely include your boiler, hob and oven. When the engineer is at the property they will undergo the following checklist:
- Your gas appliances will be visually inspected
- The gas rate and burner pressure(s) will be recorded
- Tightness tests to check for any leaks
- Test the flue gases on the appliances
- The condensate trap will be checked and if required, cleaned
- The air supply and ventilation is checked
- Make sure any safety devices are working as intended
- Visual checks of the heating to look for defects
- The pressure vessel inside the boiler will be checked
None of your appliances will be repaired, so if there is anything flagged during the gas safety check as unsafe you will need to get the work done separately. If everything is as it should be, you will then be provided with your gas safety certificate.
What happens if the property fails its inspection?
If you’ve had a gas engineer round and the property has an appliance that has been deemed as defective and therefore unsafe for use they will detail this on the certificate. The engineer will detail the appliance on the certificate with one of three codes, ID, AR & NCS – here’s what they stand for:
(ID) – Immediately Dangerous:
This is the most serious code, and it’s when an appliance actually poses a danger to life.
(AR) – At-Risk:
Still relatively serious, an appliance that has at least one fault which could pose a danger to the tenant’s life.
(NCS) – Not to Current Standards:
The appliance isn’t up to scratch and doesn’t meet the current required standard, but it’s not deemed as a danger and is technically safe.
For the first two codes ID & AR, your gas engineer will ask you to disconnect your gas supply and they will then suggest the required work to fix the problem. The repair work will need to be made as soon as possible.
Just like with any other visit, as a landlord, you have to give your tenant at least 24 hours written notice before any visit which is inclusive of the gas safety inspection. You should ensure that you keep a record of the notice given, just in case there are any issues later down the line.
Can a tenant refuse a gas safety check?
Actually, yes they can and surprisingly even though it is for their safety, this does actually happen from time to time.
You can not gain access to the property yourself in order to do the inspection, it is highly illegal and cutting off the gas is classed as harassment.
As a landlord, you must show you have taken reasonable steps to comply with the Gas Safety requirements, ensure you keep all the records as you are not able to force entry to the property.
You must:
- Leave the tenant a notice stating an attempt was made to do the check and provide their contact details.
- Write to the tenant explaining why the check is happening and that it’s for their safety – giving them an opportunity to re-arrange their own appointment.
- HSE Inspectors will also look to see you have repeatedly attempted to complete the checks.
The suggested amount of attempts you should make is a minimum of three, which are documented.
Then it will be up to the court to decide whether you have taken the appropriate and reasonable action depending on the circumstance.
Once the inspection has happened and you have been issued with a Gas Safety Certificate then you need to provide a copy to your tenants within 28 days. For any new tenants, you will need to provide them with a copy by the start of their tenancy.
It’s worth noting a lot of companies are now going paper-free with this, so you can often find an online solution meaning it’s easier to keep and not lose, as you’ll have to hold a record of the certificate for at least two years.
What happens if the gas appliances belong to the tenant?
In some scenarios the tenant may be using their own gas appliances in the property – if that is the case, then it’s not the landlord’s liability. As a landlord however you do still have a legal obligation to ensure the installation of gas to the property is checked.
If a Gas Safety Engineer is checking appliances in the property, then they will also check the installation of an appliance that belongs to the tenant.
Because a faulty gas appliance could lead to a carbon monoxide leak, which could be deadly to your tenants, it’s vital to find a qualified Gas Safe engineer for ensuring the safe installation, maintenance and inspection of your gas appliances and systems.
By law, only a Gas Safe registered engineer can issue a Gas Safety Certificate. THis registration confirms the engineer has the necessary skills and qualifications to work safely with gas.
To find a qualified Gas Safe engineer, you should use:
Visit their website (https://www.gassaferegister.co.uk/sign-in/) to search for registered engineers in your area by postcode. The site details their qualifications and the types of gas work they’re certified for.
Upon arrival, always ask the engineer for their Gas Safe Register ID card. This verifies their registration and the specific gas works they can handle.
Once you have found a Gas Safe engineer, we would always recommend that you do a little bit of research behind the firm to ensure they are completely legit. This could include checking their reviews on Trustpilot or Google, seeing if they are on trade association websites and seeing if they are on social media.
What questions to ask a Gas Safe engineer?
Before hiring a Gas Safe engineer, consider asking these questions:
- Can you provide your Gas Safe Register ID card?
- How many years of experience do you have with gas safety inspections?
- Can you share references or reviews of your work?
- What types of gas appliances are you qualified to inspect or repair?
- Can I see photos of similar projects you’ve completed (optional)?
By following these steps and choosing a competent, Gas Safe registered engineer, you should ensure the safety and efficiency of your gas appliances and systems. Remember, gas safety is paramount.
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