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Is A Landlord Responsible For Gas Safety

  • Posted by:
  • Admin
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  • Gas, Saftey, Landlord, Engineer, Tenant
  • Posted date:
  • 10-11-2022
Is A Landlord Responsible For Gas Safety

Is a landlord responsible for gas safety? If you are a living in rented accommodation or if you are a landlord, you will need to know the rules about gas safety in the property.

Landlord Gas Responsibilities

The following information is intended to be read by landlords of properties. Most of the information below will not be relevant to homeowners or tenants.

It is very important to highlight that, as described below, landlords are responsible for their own properties and have a legal duty of care to their tenants. This means that registered gas engineers are not responsible for landlords' gas safety checks being both in place and up to date.

How often do I need a gas safety inspection?

Landlords have a legal responsibility to renew their gas safety certificates once every year.

The Gas Safety Regulations 2018 give landlords the option to renew their gas safety records up to two months before what is known as the deadline date. The deadline date is the final point of the twelve-month period. The landlord can renew the record during months eleventh and twelve of the current gas safety record. This is done without losing any of the validity periods.

After the check has been completed, the record will be treated as if it actually was carried out on the final day of the 12-month validity period. 

For example, if the current gas safety certificate expires on October 1st 2021, then you could carry out the gas safety check on September 1st 2021, and the new certificate will still be valid until the date of October 1st 2022.

It is important to remember that this 'MOT style' of renewal is only available to the landlord if you have proof that the two previous gas checks were carried out fully on time. If a landlord is unable to evidence the two previous gas safety checks, then the expiry date of the current gas safety record will be 12 months from the date of the previous gas safety check.

What Are Landlords' responsibilities for gas safety?

All landlords are legally responsible for the safety of all of their tenants when it comes to gas safety. The law states that landlords must:

  1. Ensure gas pipework, flues and appliances are repaired and maintained to a safe condition
  2. Make sure an annual gas safety check is done on each flue and appliance
  3. Hold onto a record of each safety check

Another responsibility is keeping each tenant in the loop about their responsibilities while they are staying in your property.

Is A Landlord Responsible For Gas Safety

Landlord Gas checks

Who needs Gas checks?

Landlords must ensure that any gas appliances, both portable and permanent, and gas flues that are owned and provided for tenants' use have regular gas safety checks.

For more information on this topic, see Regulation (36)(1) of the Gas Safety (Installation & Use) Regulations 1998.

Gas safety checks are needed by the following:

  1. Landlords
  2. Housing association
  3. Local authorities
  4. Colleges
  5. Hotels and B&Bs
  6. Boarding schools
  7. Hostels

In B&Bs and hotels, an annual gas safety check must be arranged for all gas appliances serving guest accommodation, even if the appliance is sited away from the guest accommodation.

What needs Gas checks?

All portable and permanent gas appliances and flies within the property do require an annual gas safety check.

  1. Any gas appliance that is owned by the landlord and provided for use by the tenant is included within the landlord's legal duties.
  2. Suppose a tenant has their own gas appliance that the landlord has not provided. In that case, the landlord is only responsible for parts of the associated installation and pipework but no responsibility for the appliance.

If you want more information on this topic, then look to Regulation (36)(3)(a)(b) of the Gas Safety (Installation & Use) Regulations 1998.

No, a Gas Safe registered engineer must always do the checks. We would advise that you check that the Gas Safe registered engineer is competent and trained enough to work in this specific area of gas engineering. This should be very clearly marked on the back of the engineer's Gas Safe Register registration card. Another method is to check that the engineer in question, or the business, is on the Gas Safe Register website. 

If you want more information, take a look at Regulation (36)(4) of the Gas Safety (Installation & Use) Regulations 1998.

No, you can not. A Gas Safe registered engineer must always fit and check a gas appliance. It is not acceptable for a Gas Safe registered engineer to knowingly sign off on any gas work that was not carried out by a person who is not Gas Safe registered. 

When this event occurs, both the registered and unregistered installer can face prosecution.

A non-registered person is able to carry out 'wet work'. For example, they are allowed to install water pipes and radiators for a heating system. Although, any work on the gas boiler itself, as well as the final connection of the water pipework to the boiler, must be done by a Gas Safe registered engineer.

The appliance must be checked within 12 months of the installation date.

Before a new tenancy begins, a landlord must provide a current gas safety check record. This record is valued for twelve months from the date of when the check takes place. 

If the new tenancy begins at some point during this twelve-month period, then the record remains current, and it can simply be copied on to the new property tenants.

As an example, if there is a gas fire in the non-residential area of a public house, the landlord's gas safety check does not apply. Other legislation enforced through local authorities and environmental health teams does apply.

If the property lease is for longer than seven years and is for life, then the landlord is not responsible for any gas safety checks or maintenance. 

On the other hand, if there is an implied tenancy arrangement, such as accommodation provided as part of a job, the landlord must carry out duties for gas safety checks and maintenance.

If defects are found during a gas safety check, then landlords need to take appropriate action as soon as possible to ensure the property's gas safety. The gas safety check record contains all of the annual gas safety check results. 

The record needs to be issued after the completion of the checks. There should be no delays, even if concerns are found. The record is what is known as a living document, meaning it should be supplemented with records of any follow-up action taken.

A Gas Safe registered engineer must do all checks.

Gas safety certificates

A Gas Safe registered engineer is required to give a landlord a gas safety record after inspecting the property. This is commonly known as a gas safety certificate.

If this record shows that there are problems that will affect the gas safety within the property, then the landlord needs to get the problems repaired.

Landlords must give the tenants a copy of the latest gas safety record both:

  1. Once the tenant has moved in
  2. Within twenty-eight days of each yearly gas safety check
Gas safety certificates

Landlords and carbon monoxide

In Scotland, a private landlord needs to provide a carbon monoxide (CO) detector in situations where there is a fixed combustion appliance. This does not apply to appliances that are used for the sole purpose of cooking.

In Northern Ireland, a CO detector is required when either a new or replacement combustion appliance has been installed.

Finally, it is important to ensure it is always a competent and trained Gas Safe registered engineer carrying out a gas safety check and gas work. All landlords are legally required to make sure this is the case. It is the most important step in ensuring that tenants are safe.

Norfolk Heating Services

If you require Landlord Gas Safety Certificates in Norfolk, please contact our engineers today. We offer Gas Safe installations and repairs at affordable prices.