Being a landlord is an appealing choice for a lot of people. It can provide a good source of income and be a steady long-term investment. But it’s not just a case of moving a tenant in and collecting their rent each month. There are other duties that you will need to take care of.

You’ll need to ensure that utilities are being paid, that you can cover the monthly mortgage payments and ensure you pay income tax on your rental income.

As a landlord, you also have a number of duties and obligations to your tenants. You must keep the property safe, free from hazards, clean and liveable. One of your primary responsibilities is to make sure that all gas equipment is safe, properly maintained and has an annual gas safety check.

In this guide, we’ll look at what is involved in this process, how much it should cost, and what rules you need to follow.

What is my responsibility as a landlord regarding gas safety?

When it comes to gas safety, landlords are governed by The Gas Safety (Installation and Use) Regulations 1998 and Amendment Regulations 2018. As a landlord, you must make sure that any gas appliances, fittings and flues provided in the property are safe for the tenants to use.

The regulations cover three main requirements:

• carrying out gas safety checks

• providing tenants with a copy of the gas safety record

• carrying out maintenance on gas appliances

These rules apply to private, council and housing association landlords, as well as hotels and B&B’s.

Let’s focus in more detail on the three requirements:

Gas Safety Checks

You must ensure your tenants are safe in your property by carrying out gas safety checks on all permanent and portable gas appliances and flues that you make available to the tenant. This will include items such as gas boilers, gas cookers and gas ovens.

Appliances that are owned and used by a tenant are not your responsibility to check, but you will still need to check the pipework or flue if it’s connected (unless these are also separate).

Who can carry out a gas safety check?

Gas safety checks can only be carried out by a Gas Safe registered engineer. You can find a full list of all registered engineers here.

You can use other gas fitters and installers to carry out work on other parts of a system, for example, wiring the heating controls, but connecting an appliance to a gas supply would need to be done by a registered Gas Safety registered engineer.

How often do I need to arrange a gas safety check?

A gas safety check must be carried out every 12 months on each gas appliance and flue. If you have multiple properties, then you will need a gas safety check on each individual property.

What if the safety check reveals a fault?

If the safety check finds a defect with an appliance, pipework or flue, then you will need to take swift action to repair the fault. If there is any concern that the fault could cause danger or be unsafe, then you must ensure it is not used until it has been fixed and is safe for use.

If the appliance is unable to be repaired, then you will need to source a replacement.

As a landlord, especially if you are one with several properties, it is a good idea to have a list of trusted suppliers and engineers that you use for different appliances. For instance, if you need to replace a gas fire or buy and install a new boiler, remember that the company/engineer needs to be Gas Safe Registered to fit it.

Do I need a safety check for new appliances?

If an appliance is less than 1 year old, you should arrange for this to be checked within 12 months of its installed date.

I have a new tenant. Do I need to carry out a new safety check?

Before starting a new lease with a tenant, you must ensure that a gas safety check has been carried out within the previous 12 months of the lease start date. So, if a safety check has been carried out in June and a new tenant starts in September, there is no requirement for a new check to be done until June the following year.

How much does a gas safety check cost?

The cost of a gas safety check will depend on a few factors. Where the property is located in the country may affect the price (regional variance in services), as will the number of appliances being checked. The cost will usually start at around £30 for testing one appliance but could rise to about £120 for four appliances. It may bring down the price if you have multiple properties if you engage in a longer-term contract with the gas safe registered engineer.

Gas Safety Record

After the gas safety check has been carried out you will be issued with a copy of your Landlord Gas Safety Record (CP12) by the engineer. This should be issued straight away, rather than waiting for any faults or defects to be fixed.

What does the record need to show?

The style and structure of the certificate aren’t set in stone, but must contain:

• details of the gas appliances and flues checked and where they are located in the property

• the name and address of the landlord or letting agent of the property

• the name, registration number and signature of the engineer carrying out the inspection

• the date the check has been carried out

• details of any faults found with the gas appliances or flues and any action undertaken to repair them

• confirmation that the safety check has covered what is set out in the Gas Safety (Installation and Use) Regulations 1998

If you have multiple properties and want a standard certificate for all of them, you could draft up your own template to be completed by the engineer. It would just need to include all of the above information as a minimum. If you’re short on storage space, then the record can be kept as a paper or electronic copy.

If you choose to save your record as an electronic version, then you so need to provide a paper copy if a tenant or the Health and Safety Executive asks for it.

How long do I need to keep the Gas Safety Record?

You will need to keep any records for at least two years.

Do I have to provide a copy to my tenants?

You need to provide your tenants with a copy of the record within 28 days and in whichever form (paper or electronic) they request.

For any tenants who occupy the premises for less than 28 days – usually, anyone staying in a hotel, cottage or B&B – the safety record just needs to be displayed in a prominent place, with a note of how they can obtain a copy. There is no need to provide each individual with a specific copy of the certificate unless it is requested.

For a new tenant, you have a responsibility to provide them with a copy of the safety before they move into the property.

Maintenance

For the duration of your time as a landlord, you need to ensure that all of the gas appliances, pipes, flues and chimneys are properly maintained. Maintenance should include examining and testing items for signs of wear and tear and anything affecting their performance and safety. If there are any items that are not safe, you are will need to repair or replace them.

Any gas appliances owned and used by the tenant will not require maintenance, although you will have to take care of flues and pipes if the tenant’s appliances are connected to them.

Gas appliances and flues may have manufacturer recommendations for how often they should be checked. If this is not available, then you need to examine, test and take any necessary action to fix them if they’re not in the correct condition. If the instructions do not specify how often an appliance should be checked, then it should be serviced annually.

Is there anything I have to do before a new tenant moves in?

Before a new tenant moves in, you should inspect all the gas appliances to ensure they are still safe and in good working order. You don’t have to arrange for a new safety check to be completed, but you will need to provide the new tenant with a copy of the gas safety record before they move in.

If, however, the old tenant has removed appliances and you think the pipes or flues have been damaged in the process, then you should arrange for a new gas safety check to be carried out on those items.

This covers all of the regulations and duties you need to follow as a landlord concerning gas safety. However, you may have other considerations or questions, which we’ll hopefully answer below.

What classifies as a landlord?

A landlord is anyone who rents out a property they own on a lease to a tenant under the duration of 7 years (tenancy agreements for more than 7 years have a number of different agreements including having to be registered with the Land Registry). This applies to anyone who rents out residential properties like private individuals, councils and housing associations, as well as hotels, hostels, B&B’s, cottages and caravans.

My property is sublet. Am I still responsible?

The responsibility will still lie with you as the landlord to be responsible for maintenance and gas safety checks.

What if I use a letting agent?

If you are using a company to manage the property on your behalf, then you will need to agree in the contract on who will be responsible for gas safety. If it is not clearly stated in the contract that it is part of the letting agent’s duties, then it is something you will liable for and will need to edit or update your agreement with the agent.

Does this only include testing for mains gas supply?

This includes all gas supplies. If you have a property with LPG (liquefied petroleum gas), you will need to ensure that the same safety checks are carried out. You will need to take care that the LPG storage is correct and that the tank is the right size and safe.

Can I enter the property to conduct a safety check?

You should alert your tenants in advance of the safety check or maintenance being carried out. Landlords are usually required to provide tenants with advanced notice of at least 24 hours when they plan to enter a property, and the tenant must agree to the visit. It is wise to set out in the contract any reasons why you might need to visit, such as landlord maintenance and inspections.

If your tenant refuses to allow access, then you must show that you followed reasonable steps to comply with the law in an attempt to gain entry. A reasonable course of action would be to:

• Communicate with the tenant that you need to gain entry to the property to carry out maintenance or a safety check.

• Write to the tenant stating that it is a legal requirement to carry out the safety check and that it is for their own safety while they are living on the property.

• If they still don’t respond, then you will need to get in contact with your local council, who can serve an order on the tenant in order to gain access. If you need to go down this route, then it’s best to communicate again to the tenant what you are planning to do.

• If there is still no response, then you will need to consider submitting a section 21 notice to start an eviction process. This may seem like drastic action but the responsibility still lies with you to ensure the safety of your tenant.

What happens if I don’t follow the regulations?

Gas safety is taken very seriously, and if you don’t follow your duties as set out in The Gas Safety (Installation and Use) Regulations 1998, then you are breaking the law. If you are investigated and shown as not complying with the rules, you could face a fine and/or a custodial sentence.

As a landlord, you don’t have to worry about this as long as you follow the Gas Safety regulations. Make sure regular safety checks are carried out, your tenants receive a copy of the gas safety record and you carry out any necessary maintenance on gas appliances in the property.