Gas safety certificates for landlords: the yearly check

The rule

Regulation 36 of the Gas Safety (Installation and Use) Regulations 1998 says a landlord must make sure every gas appliance and flue they provide in a let home is:

• checked for safety within 12 months of being installed and then at least every 12 months;
• checked by an engineer on the Gas Safe Register, the only register the Health and Safety Executive approves for gas work;
• kept in safe condition between checks, which in practice means servicing it as the maker recommends.

The engineer gives you a record of the check, often called a gas safety certificate or CP12.

What the record shows

The date, the address, your name and address, each appliance and flue checked, any defect found and what was done about it, and the engineer's name, signature and registration number. Check it is complete before the engineer leaves.

Who gets a copy

• Existing tenants: within 28 days of the check.
• New tenants: before they move in.
• For a let of 28 days or less, you may display the record in a prominent place instead.

How long to keep it

Keep each record until there have been two further checks of that appliance, which in practice is at least two years. Many landlords keep them for the whole tenancy and longer, as evidence.

Checking early without losing the date

A check done in the two months before the deadline counts as if it were done on the deadline. So if the last check was on 10 March, a check on 20 January the next year keeps your 10 March date, the same way an MOT can be done early.

What is and is not yours

You are responsible for the appliances and flues you provide, and the pipework. You are not responsible for an appliance the tenant owns, although the flue it uses may still be yours. If there is no gas in the home at all, there is nothing to check; say so on your records.

When the tenant will not let the engineer in

You must take all reasonable steps to do the check. Write to the tenant with a date, offer other times, and keep copies of every letter, email and missed visit. Do not force entry. If you still cannot get in, get advice; a record of your attempts is your defence.

If something is unsafe

The engineer can classify a fault as immediately dangerous and, with your or the tenant's permission, turn the appliance off. Arrange the repair quickly and keep the paperwork showing it was done. A broken boiler in winter is also a repair the tenant is entitled to have dealt with promptly.

Penalties

Failing to have the check, or to give the tenant the record, is a criminal offence enforced by the Health and Safety Executive. Courts can impose an unlimited fine and, in serious cases, prison. A council can also act on a gas hazard under its housing powers, and the landlord database will ask for your gas safety record.

Carbon monoxide alarms

Separately, you must fit a carbon monoxide alarm in any room used as living accommodation that has a fixed combustion appliance (a gas boiler, for example; a gas cooker alone does not count), and check it works on the day the tenancy starts.

LevelMoves reads the record you upload, notes the date and any defects, and reminds you before the next check is due.

This guide is information about the law in England, not legal advice.