Gas Safety

It is vital that landlords clearly understand their responsibilities and obligations concerning gas supply and appliances, as well as the duties imposed by the gas safety regulations.

Obligations between landlords and agents need to be specific regarding the gas safety regulations, and neither party can evade or exclude themselves from these responsibilities. Any clause in the tenancy agreement attempting to avoid these rules will be invalid.

A breach of the regulations is a criminal offence enforced by the Health & Safety Executive (HSE).

Gas Safety (Installation and Use) Regulations 1998

The Gas Safety (Installation and Use) Regulations 1998 make it mandatory that gas appliances are maintained in a safe condition.

The regulations require landlords to ensure that all gas appliances are adequately maintained and that a registered tradesperson carries out an annual safety check.

The "deadline date" is when the next annual gas safety record is due. If a gas safety record is completed no more than two months before the 12-month deadline, it is treated as though it were done on the deadline date (though the landlord should record both dates to provide a clear audit trail).

The Gas Safe Register is the official industry mark for gas safety. For further information, visit https://www.gassaferegister.co.uk.

All gas installers should carry identification cards stating the type of work they are authorised to perform. To find a registered gas installer locally or for more information, visit the Gas Safe Register website at https://www.gassaferegister.co.uk. After the inspection, the installer will provide a gas safety record. This record must be given to tenants before they first occupy the property and annually thereafter. Failure to provide this is a criminal offence.

Any necessary repairs or remedial work identified must be carried out immediately, and landlords cannot pass this responsibility to tenants. However, if the tenant or their visitor causes the damage, the landlord may charge the tenant for the repair afterwards.

For advice or further information about responsibilities and obligations, contact the Health & Safety Executive (HSE). Details and local office contacts are available on the HSE website at https://www.hse.gov.uk.

Gas regulations must be complied with, and all necessary repairs completed promptly. Defective gas appliances are hazardous and have caused fatalities. Landlords found culpable could face legal action.

A landlord must:

  • Have gas appliances they provide checked for safety by a registered gas installer within 12 months of installation, and then ensure further checks at least once every 12 months thereafter.
  • Ensure a gas safety check is carried out on each appliance and flue every 12 months, except where the appliance was installed less than 12 months ago. The engineer should also inspect gas pipework to ensure there are no leaks. If an appliance fails a safety check, the registered gas installer must take action to make it safe—this could include remedial work, disconnection, and attaching a warning notice.
  • Provide a copy of the gas safety record to any new tenant before they move in and to existing tenants within 28 days of the check.
  • Keep a record of at least the last two gas safety records for each appliance.
  • Ensure that gas appliances, fittings, and flues are maintained safely.

Contents of a Gas Safety Record

The gas safety record must include all the following information (r.36(3)(c)):

(i) the date on which the appliance or flue was checked;
(ii) the address of the premises where the appliance or flue is installed;
(iii) the name and address of the landlord (or, where appropriate, their agent);
(iv) a description of and the location of each appliance or flue checked;
(v) any safety defects identified;
(vi) any remedial action taken;
(vii) confirmation that the check complies with the regulatory requirements;
(viii) the name and signature of the individual carrying out the check; and
(ix) the registration number of the individual or their employer with a body approved by the Executive.

Serving this Document

  • Serve the gas safety record in line with the service clause in your tenancy agreement—usually by first-class post to the property, hand delivery, or (if the contract allows) by email.
  • Always include all tenants' names on the heading and envelope, and keep a certificate of posting or a photograph of hand-delivery as proof.
  • Joint tenants: Shelter’s professional guidance confirms that one copy, addressed to all joint tenants (or a nominated lead tenant), is "arguably sufficient" for statutory documents such as deposit prescribed information. The same practical approach may apply to all tenancy-related documents, provided each tenant is named. However, giving each joint tenant a duplicate copy is ideal.
  • When the document is given before occupation or at the tenancy start, attach it to the digital signing tenancy pack and email it to every tenant to avoid disputes about receipt.

For fuller details on service rules, see our Service of Notices guide.

Section 21 Notices

A Section 21 notice is a two-month "no-fault" notice that a landlord can serve under an assured shorthold tenancy.

For assured shorthold tenancies granted on or after 1 October 2015 (including renewals), you cannot serve a Section 21 notice unless a gas safety record was provided before occupation and the current record before serving the notice.

If either the initial or current gas safety record has not been provided on time, these can be given late but must be provided before or at the same time as serving the notice (Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760). However, if no active gas safety record was provided before the tenant occupied, the County Court has ruled on appeal that you can never serve a Section 21 notice relating to that tenancy (source).

Ensuring gas safety records are provided within the correct timescales is therefore essential.

Exceptions to the Regulations

The regulations do not apply to gas appliances owned by the tenant.

They do not apply to leases longer than seven years unless the landlord has a break clause allowing termination within the first seven years.

The regulations provide a defence if a person can show they took all reasonable steps to prevent a breach.

Portable or mobile gas appliances supplied from a cylinder must be included in maintenance and annual checks but are excluded from other parts of the regulations.

Room-Sealed Appliances

The regulations require that:

  • A gas appliance installed in a bathroom or shower room must be a room-sealed appliance (sealed from the room, drawing combustion air from outside and discharging combustion products directly outside).
  • A gas fire, space heater, or water heater of 14-kilowatt heat output or less in a sleeping accommodation room must either:
  • Be a room-sealed appliance, or
  • Incorporate a safety control designed to shut down the appliance before dangerous combustion products build up in the room.

Indications That an Appliance Is Faulty or Dangerous

Danger signs to watch for include:

  • Stains, soot, or discolouration around a gas appliance, indicating a blocked flue or chimney, which can cause carbon monoxide to build up.
  • A yellow or orange flame on a gas fire or water heater.

The most effective indication of a combustion problem is activation of a properly installed carbon monoxide detector.

Tenant's Responsibilities

Tenants also have duties under the Gas Safety (Installation and Use) Regulations 1998.

They must report any defects they become aware of and must not use unsafe appliances. This should be communicated to tenants in writing, with a clause in the tenancy agreement explaining their responsibilities: reporting defects and not using unsafe appliances.

If You Smell Gas

If you smell gas or are concerned about gas safety, call the National Gas Emergency Service on 0800 111 999 at any time. Follow their guidance at https://www.northerngasnetworks.co.uk/network-supply/gas-emergencies/.

Oil-Fired Boilers

Oil-fired boilers, commonly found in properties not connected to the gas grid, use stored oil to provide heat. Although they do not require the same annual safety certification as gas boilers, critical safety measures must be followed.

The Oil Firing Technical Association (OFTEC) recommends an annual service and inspection by a certified technician. While not legally required, regular servicing provides documentation demonstrating safety, which may be useful for insurance claims or disputes.

Regular servicing is important because inspections can detect hazards such as oil or carbon monoxide leaks. A well-maintained boiler operates more efficiently, saving fuel and reducing environmental impact. Maintenance also extends the boiler’s lifespan, offering long-term savings.

Landlords and letting agents should arrange annual servicing by a registered OFTEC technician, keep records of all servicing, provide tenants with information on safe boiler use, and respond promptly to any reported issues.

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