Guide To Landlord Gas Safety Certificates
Worried about your gas safety responsibilities as a landlord? Not sure what a gas safety certificate is or how to get one? Ideal Flatmate has compiled the ultimate gas safety guide for landlords to help you understand this important aspect of letting a property.
What is a gas safety certificate and does a landlord need one?
A gas safety certificate, also known as a gas safety check record, is a document showing that the gas systems in a property have been inspected by a Gas Safe registered engineer and found to be in safe and working order.
As set out in the Gas Safety (Installation and Use) Regulations, a gas safety certificate must be held for every rental property. Landlords who breach the Regulations can be subject to heavy penalties: the standard penalty is a £6,000 fine or six months’ imprisonment for each infraction. It’s vital that you understand your gas safety responsibilities as a landlord, and that you abide by them.
What are a landlord’s gas safety responsibilities?
As a landlord, you have a number of key obligations when it comes to gas safety in your rented properties. It’s important to note that these obligations still apply even if you are just renting out a room in a house or flat, or if you are subletting a property.
Gas safety checks
Landlords are legally obliged to have gas systems and flues checked annually by a Gas Safe registered engineer. As of April 2018, landlords can arrange for this check to be conducted between ten and 12 months after the last check, but still maintain the expiry date of the original certificate. If a check is carried out less than ten or more than 12 months after the previous one, the expiry date will be changed to 12 months from the date of the latest check.
Gas maintenance
Landlords must ensure that gas appliances, pipework, and flues are safely maintained. The frequency with which these should be serviced will depend on the item, and landlords should follow the safety instructions provided for more information. Regardless, all items must be serviced at least annually. If a tenant has their own gas appliance not provided by the landlord, it is not the landlord’s responsibility to maintain this. However, landlords will still be responsible for any connecting pipework or flues.
Record-keeping and provision to tenants
Landlords are obliged to keep records of the gas safety check – known as the gas safety certificate. This must be provided to existing tenants within 28 days of the date on which the check is completed. In addition, the gas safety certificate must be provided to new tenants before they move in. If you’re renting a room or property for less than 28 days, the gas safety certificate should be prominently displayed within the property. Landlords are required to keep gas safety records for at least two years.
Making sure your tenants are informed about gas safety
It’s also important that your tenants are aware of key pieces of information about the gas systems in the rented property. In particular, they should know where the gas shut-off valve is in the property, and how to turn off the gas in the event of an emergency.
Landlords should also make sure that tenants are aware of basic gas good practice – especially around the operation of central heating systems during cold weather and in periods when the property is empty.
What if a tenant won’t grant access for a safety check or repairs?
In order to maintain and service gas systems, landlords obviously need access to the property. The basis on which this will be granted should be set out in your tenancy agreements or other contracts.
Even if the tenant refuses to grant access to the property, it’s important to understand that you cannot gain access by force. According to the Health and Safety Executive (HSE), there are some key steps that landlords should follow if they are having difficulties gaining access:
In the first instance, leave the tenant a written note explaining that you attempted to access the property for the purposes of maintaining or servicing the gas system, along with your contact details.
Write to the tenant and explain that it is a legal requirement to carry out a gas safety check. Where possible, give the tenant the opportunity to arrange a visit at a time that suits them. Make clear that checks and maintenance are required for their safety.
Landlords should keep records of all correspondence with tenants around this matter. In the event of an investigation by the HSE, inspectors will check to see that repeated attempts to gain access were made, and that the landlord behaved in an appropriate manner given the individual circumstances.
