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Ensuring Safety for Your Property
As a landlord, you are obligated to possess a Gas Safety Certificate, also known as a CP12, for each gas appliance within your rental property. This is not just a legal requirement but a critical safety measure, as these certificates must be renewed annually. Failing to comply with this regulation can result in substantial fines and, more importantly, can jeopardize the safety of your tenants.
The great news is that with IHF Property, you can enjoy the convenience of having your Gas Safety Certificates automatically managed and renewed every year, ensuring both compliance and the safety of your tenants.
All About Gas Safety Certificate
A gas safety certificate or inspection entails an examination by a Gas Safe registered engineer of your gas appliance(s). During this examination, they will ensure the appliance operates correctly and assess the following four key areas:
- Confirm that gas appliances are set to the correct settings.
- Verify that they are burning properly.
- Ensure they operate at the appropriate operating pressure.
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Legal Obligations: Do I need a GSC (Gas Safety Certificate)?
Our guide below explains what Gas Safety Records are and who needs them.
If you’re a homeowner
While there is no legal obligation mandating a Gas Safety Record, it is strongly recommended that you arrange for an annual inspection and servicing of all your gas appliances by a certified Gas Safe engineer.
It is advisable to request your engineer to provide you with documentation confirming that a gas safety inspection has been conducted, as well as any other maintenance work performed on your gas appliances.
Why not give us a quick call at 0121 751 8216, and we will guide you in the right direction.
If you’re a landlord
For a landlord, it’s a legal requirement to have a gas safety check conducted every year. This check applies to all gas appliances and installations that you own in each of your properties. This obligation is outlined in the Gas Safety (Installation and Use) Regulations 1998. However, if a tenant owns a specific appliance, like a cooker, the responsibility for checking it does not fall on the landlord.
During this check, a qualified engineer will provide the landlord with a Gas Safety Record, previously referred to as a certificate or CP12. This record contains:
- Descriptions of each appliance that was tested.
- Results of the safety checks performed on each appliance.
- Any safety concerns discovered during the checks.
- Any necessary actions or work required to ensure safety.
- Details of the engineer who conducted the checks, including their signature and the date of the inspection.
- Information about the landlord and the property.
Why not give us a quick call at 0121 751 8216, and we will guide you in the right direction.
If you’re a tenant
Your landlord is required to furnish you with a Gas Safety Record for the property. Within 28 days of the inspection, they must ensure that every tenant receives a copy of this record.
Why not give us a quick call at 0121 751 8216, and we will guide you in the right direction.
FAQ (Frequently Asked Questions)
1. Who is a tenant?
In relation to domestic gas under the Gas Safety (Installation and Use) Regulations 1998 (GSIUR 98), a tenant is anyone who occupies a property under a lease that is shorter than 7 years or under a licence. Regardless of whether GSIUR 98 applies you may be considered a tenant under other related legislation.
https://www.hse.gov.uk/gas/domestic/faqtenant.htm
2. What duties does my landlord have in relation to gas safety?
Your landlord has duties under the Gas Safety (Installation and Use) Regulations 1998 to arrange maintenance by a Gas Safe registered engineer for all pipe work, appliances and flues, which they own and have provided for your use.
Your landlord must also arrange for an annual gas safety check to be carried out every 12 months by a Gas Safe registered engineer. They must keep a record of the safety check for 2 years and issue a copy to each existing tenant within 28 days of the check being completed and issue a copy to any new tenants before they move in.
https://www.hse.gov.uk/gas/domestic/faqtenant.htm
3. Is a landlord able to access a property for safety checks?
The contract with the landlord or letting agent should allow access for any maintenance or safety check work that needs to be done. However, force is not to be used to to enter the property. Further information is provided in regulation 39 of the Gas Safety (Installation and Use) Regulations 1998.
A landlord has to show that they have taken all reasonable steps to comply with the law. HSE recommends the following actions and strongly advises that a record be kept of all correspondence with the tenants:
- Leave the tenant a notice stating that an attempt was made to complete the gas safety check and provide their contact details.
- Write to the tenant explaining that a safety check is a legal requirement and that it is for the tenant’s own safety. Give the tenant the opportunity to arrange their own appointment.
- HSE inspectors will look for repeated attempts to complete the gas safety check, including the above suggestions; however the approach will need to be appropriate to each circumstance. It would ultimately be for a court to decide if the action taken was reasonable depending upon the individual circumstances.
https://www.hse.gov.uk/gas/domestic/faqtenant.htm
4. What can I do if my landlord won't provide me with a record of the safety check?
Remind your landlord of their legal duties under the Gas Safety (Installation and Use) Regulations 1998 to keep a record of the safety check for 2 years. They must also issue a copy to each existing tenant within 28 days of the check being completed and issue a copy to any new tenant before they move in.
You may wish to write to your landlord requesting sight of the safety check record (see below specimen letter). If they still refuse to provide you with a copy you can make a complaint to HSE via form LGSR1 form LGSR1.
LGSR1 – Details of property with no record of a gas safety check
Specimen letter requesting a gas safety check or sight of the safety check record:
(Your address)
(Landlord’s name)
(Landlord’s address)
(date)
Dear (Landlord’s name)
RE: (Address of Property being let)
As you are aware, the Gas Safety (Installation and Use) Regulations 1998 place duties on landlords. One of those duties is making sure that gas appliances and flues they own in the property which they let, are maintained in good order and checked for safety at least every twelve months. Landlords must also keep a record of the safety checks and issue these to their tenants.
Unfortunately to date, I have not been shown a copy of the safety check record carried out at the above property, which I now rent. Therefore I would be grateful if you could show me a copy of the safety check record for the above property within the next 10 days.
Yours sincerely
(Your name)
https://www.hse.gov.uk/gas/domestic/faqtenant.htm
5. How do I complain if I don't have a current gas safety record (previously referred to as a certificate)?
By law landlords must carry out an annual gas safety check and provide tenants with a copy of the record of that check. New tenants should receive a copy before they move in and existing tenants should get a copy within 28 days of the annual check being done you don’t have a current gas safety record you can report to HSE via form LGSR1
https://www.hse.gov.uk/gas/domestic/faqtenant.htm
6. Can my landlord delegate responsibility to me as a tenant?
No, except that a contract may be drawn up between a landlord or tenant for an appliance or flue installed in a non-residential part of a premises, for example shops and public houses. A tenant has a duty not to use an appliance they believe to be dangerous. Further, a tenancy agreement, such as a full repairing and insuring lease, cannot be used to transfer these responsibilities to a tenant.
https://www.hse.gov.uk/gas/domestic/faqtenant.htm
7. Should my landlord provide me with a carbon monoxide (CO) alarm?
From 1st October 2022 the law changed in England and all relevant landlords must provide a carbon monoxide alarm in any room used as living accommodation which contains a fixed combustion appliance (excluding gas cookers). For more information visit the FAQ section of the explanatory booklet published by the Department for Levelling Up, Housing & Communities. For information on the requirements in Scotland please visit Carbon monoxide alarms in private rented properties: guidance – gov.scot (www.gov.scot) For guidance in Wales Housing | Topic | GOV.WALES
https://www.hse.gov.uk/gas/domestic/faqtenant.htm
8. Does my landlord have to use a Gas Safe registered engineer to complete the gas work?
Yes. The Gas Safety (Installation and Use) Regulations state that landlords must only use a Gas Safe registered engineer for maintenance and safety checks on gas equipment they own and provide for tenants use in domestic premises.
HSE advises that you check that the Gas Safe registered engineer is competent to work in that specific area of gas. This is clearly marked on the back of the engineer’s Gas Safe Register registration card. If in any doubt, you can ring Gas Safe Register or check their website to see if the engineer is registered.
https://www.hse.gov.uk/gas/domestic/faqtenant.htm
9. Do I have to grant access to allow the gas maintenance and safety check to take place?
You should allow access to the property to enable the gas maintenance visits and safety check to be undertaken, as it helps to keep you and your family safe. If you fail to provide access then there are further steps your landlord can take to gain access for the gas maintenance visits and safety check to be undertaken.
https://www.hse.gov.uk/gas/domestic/faqtenant.htm
10. What should I do if I smell gas or I am concerned about the safety of any gas appliances?
If you suspect there is a gas leak you should immediately do the following:
- call National Grid’s Gas Emergency freephone number: 0800 111 999
- open all the doors and windows
- shut off the gas supply at the meter control valve (if you know where it is)
It is illegal for anyone to use a gas appliance if they suspect it is unsafe. Turn the appliance off and do not touch it until it has been checked by a Gas Safe registered engineer.
https://www.hse.gov.uk/gas/domestic/faqtenant.htm
11. How do I know if an engineer is Gas Safe registered?
All Gas Safe registered engineers carry ID cards which tell you which appliances they are qualified to work on.
You can check that the engineer or the business is on the Gas Safe Register website.
https://www.hse.gov.uk/gas/domestic/faqtenant.htm
12. What can I do if my landlord is harassing and/or threatening to evict me?
Advice numbers to call include:
- Shelter’s campaign for bed-sit rights 020 7505 2135
- Citizens Advice Bureau (local office)
- Shelterline 0808 800 4444
- Local Shelter housing aid centre
https://www.hse.gov.uk/gas/domestic/faqtenant.htm
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