Gas Safety in Privately Rented Properties

If a property has a gas installation and appliances and it is rented, the landlord/agent/licence holder is responsible for their safety.

Under The Gas Safety (Installation and Use) Regulations 1998, landlords must arrange for a “Gas Safe” Registered and qualified engineer to carry out a gas safety inspection every 12 months.

The engineer will issue a Landlord Gas Safety Record certificate. This gas safety certificate must be given by the landlord/agent to any new tenant before they move into the property and a copy should be given to any existing tenant.

Landlord must keep copies of certificates, especially for those landlords with Property Licences (selective and HMOs) it legal requirement to keep copies for inspection by the Council.

Although the installation pipework isn’t covered by the annual gas safety check, the landlord is still responsible for its safety. Gas Safe Register and the Health and Safety Executive (HSE) recommend that when landlord/agent request a gas safety inspection they also ask the Gas Safe registered engineer to:

• Test for tightness on the whole gas system, including installation pipework
• Visually examine the pipework (so far as is reasonably practicable)

Landlords should keep installation pipework records, as they may need to show that they have regularly maintained the pipework, appliances and flues and completed required repairs.

 

Carbon Monoxide Alarms

Carbon monoxide gas is colourless, it does not smell, you cannot tell if it is around you or your family, and exposure to it can kill. It can be made by fires and appliances that burn gas, wood or coal.

From 1st of October 2022, Landlord must ensure a CO alarms (carbon monoxide alarm) are installed and operating in every habitable room of a rental property containing gas appliances (excluding where there are only appliances used for cooking purposes).

The landlord is required to carry out a checks and tests to ensure that carbon monoxide alarms in the rental property are working the day any new tenancy begins. It is recommended they tell the tenant/s to ensure they test it regularly and inform the landlord if its not functioning and/or replace the battery when required.

Please ensure the CO alarm complies with British Standard EN 50291 and carries a British or European approval mark, such as a Kitemark. Please follow the manufacturer’s recommendations about how you should fit and test your alarm to ensure works correctly and that the unit and the batteries are in good condition.

 

What if I fail to comply?

Gas safety is incredibly important because failures can lead to death. The Council view any failures as serious. If a landlord/agent does not comply with these gas safety requirements the Council can issue a fine of up to £5,000 where a landlord fails to comply with a remedial notice or up to £30,000 or seek prosecution in the criminal courts, where there is a breach of property licence conditions or HMO management regulations.

Additionally, if Landlord or Agent doesn’t provide the tenant with a copy of a valid Gas Safety Certificate they cannot serve a ‘section 21 notice’ to evict a tenant.