It is a legal requirement that landlords have a gas safety certificate in place before the start of an assured shorthold tenancy if there are gas appliances at the property. The tenant must be provided with a copy of the valid gas safety certificate as well as copies of any subsequent certificates issued when an annual gas safety inspection is carried out.
We explain below landlords’ legal requirements when it comes to gas safety and look at how to get a gas safety certificate and the implications for landlords if a tenant is not supplied with a copy.
What is a Landlord Gas Safety Certificate?
A gas safety certificate, also known as a CP12 certificate, is a document issued by an accredited gas safety engineer confirming that the gas pipes, appliances and flues within a property are safe for use.
The requirement for a gas safety certificate is set out in The Gas Safety (Installation and Use) Regulations 1998.
Appliances that must be inspected include all those at the property except those that the tenant is entitled to remove, along with any gas pipes. Also included is any gas appliance or installation pipework which directly or indirectly serves the property and which is either installed in any part of the property where the landlord has an interest or is owned by the landlord and under their control.
What Gas Appliances are Landlords’ Responsibilities?
Landlords are responsible for the safety and maintenance of the gas supply at their property as well as their gas appliances. This could include gas central heating, a gas cooker and gas fires. They are also responsible for gas pipework within the property as well as chimneys and flues.
Can a Tenant Arrange Gas Safety Checks?
It is for the landlord to deal with all gas safety issues, and this job cannot be passed on to the tenant. The landlord is also responsible for the cost of gas safety checks.
If a tenant brings their own gas appliances to the property, they will be responsible for them. They should be provided with information about the gas supply, including how to shut it off. As a landlord, you will still be responsible for all gas pipework.
Can a Landlord Access a Property for Gas Safety Certificate Purposes?
You will need to comply with the terms of the tenancy agreement when carrying out gas safety checks. The tenant should be given reasonable notice that access is required. If they do not respond, you should notify them that you need to carry out the check for legal purposes and ask them for a convenient time.
If the Health and Safety Executive investigates any lack of a gas safety certificate, you will need to be able to show that you made repeated attempts to arrange an inspection and that you took all reasonable steps to engage with the tenant.
Who Can Issue a Gas Safety Certificate?
The only individuals authorised to provide a valid gas safety certificate are Gas Safe registered engineers. You can check the Gas Safe Register website to confirm whether an engineer or business is registered.
If you are having work carried out on gas appliances or having an installation done, this must also be carried out by a Gas Safe registered engineer. It is not sufficient for a registered engineer to approve or sign off on someone else’s work, except for work on water pipes and radiators. Connection of water pipes to a boiler must be done by a Gas Safe registered engineer.
Applying for a Gas Safety Certificate
To obtain a gas safety certificate, you need to ask a Gas Safe registered engineer to inspect all gas appliances, flues and pipes at the property. You can find an engineer from the official list at gassaferegister.co.uk.
How Long Does a Certificate Last?
Gas safety legislation requires that each appliance and flue is checked for safety within 12 months of installation and at intervals of not more than 12 months.
This means that, as a landlord, you need to plan to have a safety check carried out in plenty of time so that the safety inspection can be arranged and carried out within the deadline.
Do I Need to Give Tenants a Gas Safety Certificate?
Tenants must be given a gas safety certificate when they take up a new tenancy and, in respect of subsequent gas safety checks, within 28 days of the date of the inspection.
What Gas Safety Records Must a Landlord Keep?
As a landlord, you also need to keep records of all checks until there have been two further checks. If an appliance or flue is removed, records relating to it should be kept for 2 years from the date of the last check.
The records must include the following:
- The date of the inspection
- The property address
- The landlord’s name and address, or the name and address of their agent
- A description of each appliance and flue, and its location
- A note of any defects
- Confirmation that the inspection complies with the regulations
- The name and signature of the gas safety engineer
- The gas safety engineer’s registration number
Can I Evict a Tenant if a Gas Safety Certificate was not Supplied?
If you wish to evict a tenant on a ‘no-fault’ basis under Section 21 of the Housing Act 1988, you should have provided the tenant with the following documents at the start of their tenancy:
- A valid Energy Performance Certificate
- The government’s ‘How to Rent’ booklet
- A valid gas safety certificate
The government plans to end Section 21 evictions, but while they remain an option, landlords need to ensure that they comply with the above if they wish to end a tenancy on a no-fault basis.
Recent case law has allowed an eviction where a valid gas safety certificate was in existence at the time the tenancy started, but was not provided to the tenant. The case of Trecarrell House v Rouncefield [2020] was decided by the Court of Appeal, allowing a landlord can prove that there was a valid gas safety certificate in effect before the start of the tenancy agreement, and this was served on the tenant before the eviction notice, eviction is possible.
A subsequent case confirmed that if there is no valid gas safety certificate in place at the start of the tenancy, eviction is not permitted. The case of Byrne v Hardwood-Delgado [2022] involved a tenancy where a gas safety certificate was not in place until three months into the tenancy. The court found that if a landlord could simply obtain a gas safety certificate at a later date, tenants’ rights to live in a safe property would be at risk. The landlord was not able to evict the tenant under Section 21.
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