Landlords have important legal responsibilities concerning gas installations and appliances provided for their tenants.
Under the Gas Safety (Installation and Use) Regulations 1998, relevant gas appliances and flues must be maintained safely and checked at the required intervals.
These checks must be undertaken by appropriately qualified Gas Safe registered engineers.
This guide provides general information for landlords and managing agents in England.
What Is a Landlord Gas Safety Check?
A landlord gas safety check is an assessment of relevant gas appliances and flues to determine whether they meet the applicable safety requirements at the time of inspection.
The checks undertaken depend on the appliance type, installation and relevant technical requirements.
These may involve examination of appliance operation, combustion, flue arrangements, ventilation and safety devices, as applicable.
Not every appliance requires identical testing.
The engineer documents the findings in a landlord gas safety record, commonly referred to as a CP12.
How Often Is a Gas Safety Check Required?
Relevant landlord gas safety checks are generally required at intervals of no more than 12 months.
Specific provisions allow certain checks to be carried out up to two months before their deadline while retaining the existing renewal date, provided the statutory conditions are satisfied.
Landlords and managing agents should maintain appropriate arrangements for monitoring inspection deadlines.
Is a CP12 the Same as a Boiler Service?
No.
A landlord gas safety check focuses on the statutory safety requirements.
A boiler service involves maintenance appropriate to the manufacturer's instructions, appliance condition and servicing requirements.
A gas safety check does not automatically constitute a full boiler service.
Similarly, a service does not automatically satisfy the statutory gas safety check requirements.
Landlords remain responsible for appropriate maintenance as well as the required safety inspections.
What Happens If an Engineer Identifies a Safety Defect?
Where an engineer identifies a safety-related defect, the findings and relevant actions must be documented.
The landlord or managing agent is responsible for arranging necessary remedial work and ensuring that unsafe appliances are not used.
A completed gas safety record documents the inspection findings. It should not be interpreted as an unconditional guarantee that every part of a gas installation is free from possible defects.
The required record should not be withheld simply because defects or outstanding repair work have been identified.
When Must Tenants Receive Their Gas Safety Record?
Under the applicable requirements:
- Existing tenants must normally receive a copy within 28 days of the completed check.
- New tenants must receive the current record before occupying the property.
- Landlords must generally retain the records for at least two years.
Where the statutory early-renewal flexibility is used, additional record-retention requirements may apply.
Electronic records may be provided where the applicable requirements are satisfied and the tenant can access and agrees to receive them electronically.
A paper copy must be provided where required.
The legal requirement to provide safety records must not be made conditional on settling an invoice.
What Happens When a Tenant Refuses Access?
Access difficulties do not automatically remove a landlord's legal gas safety responsibilities.
Landlords and managing agents should make reasonable efforts to arrange inspections and retain evidence of their attempts.
This may include correspondence, notices, appointment records and offers of alternative dates.
Landlords should not assume that an overdue inspection automatically gives permission to force entry.
Where access remains unresolved, the landlord or managing agent should consult current HSE guidance and seek legal advice where appropriate.
Ultimately, whether the steps taken were reasonable depends on the circumstances.
Are Carbon Monoxide Alarms Required in Rental Properties?
In England, relevant landlords must provide a carbon monoxide alarm in rooms used as living accommodation containing a fixed combustion appliance, excluding gas cookers, under the applicable smoke and carbon monoxide alarm regulations.
Relevant landlords must also comply with the applicable requirements concerning faulty alarms.
These obligations are separate from the statutory gas safety inspection requirements.
The absence of a carbon monoxide alarm should not automatically be described as a failed CP12 inspection.
However, any identified concern should be accurately communicated and documented as appropriate.
Carbon monoxide alarms are an important additional safety measure. They do not replace correct appliance installation, maintenance or gas safety inspections.
Arrange a Landlord Gas Safety Inspection
OnTime provides landlord gas safety inspections and digital safety records for rental properties across Chislehurst, Bromley, Greenwich and surrounding areas.
We work with private landlords and managing agents to arrange inspections and document findings accurately.
Contact OnTime to discuss a landlord gas safety appointment.
Official Guidance
Health and Safety Executive:
Government carbon monoxide alarm guidance:
Government carbon monoxide alarm guidance
Important: This guide provides general information and does not constitute legal advice.