What are my duties as a landlord in relation to gas safety?
You have duties under the Gas Safety (Installation and Use) Regulations 1998 to arrange maintenance by a Gas Safe Registered engineer [3] for all pipework, appliances and flues, which you own and have provided for your tenants use. You must also arrange for an annual gas safety check to be carried out every 12 months by a Gas Safe Registered engineer. You 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.
What if I break the regulations?
You are putting lives at risk and breaking the law. HSE gives gas safety a high priority and will take the appropriate action to ensure compliance with the regulations; this could result in a substantial fine and/or a custodial sentence. For further information visit our enforcement page[15].
What gas appliances do I have responsibilities for?
Any gas appliance that you own and provide for the tenant's use is included in your legal duties. If a tenant has their own gas appliance that you have not provided, then you have responsibilities for parts of the associated installation and pipework but not for the actual appliance.
There are some good practice measures that you could adopt with appliances that tenants own:
- Send a reminder to the tenant that their appliances should be serviced and checked for safety each year by a Gas Safe Registered [8], and where possible, offer to include these (at reasonable cost) within gas safety maintenance undertaken on your behalf.
- At the start of the tenancy, advise the tenant of any flues or chimneys that are unsuitable for the installation of a gas appliance. You may also wish to consider regulating the installation of any appliance by a tenant through the conditions of the tenancy agreement.
- It is also recommended to include all flues (e.g. chimneys) connected to gas appliances within your landlord's gas safety check, even where they do not serve appliances provided by the landlord. This may also help to fulfil other legal duties under the Health and Safety at Work etc. Act 1974