Gas Safety

It is vital that landlords and agents clearly understand their responsibilities and obligations regarding gas supply and appliances and the duties and responsibilities placed on them by the gas safety regulations.

Obligations between landlords and agents need to be specific about the gas safety regulations, and neither party can seek to evade or exclude themselves from those obligations. Any clause in the agreement which attempts to circumvent the rules will be invalid. 

A breach of the regulations is a criminal offence enforced by the Health & Safety Executive.

Gas Safety (Installation and Use) Regulations 1998

The Gas Safety (Installation and Use) Regulations 1998 make it mandatory that gas appliances are maintained in a safe condition.

The regulations require landlords to ensure that all gas appliances are adequately maintained and that a registered tradesperson carries out an annual safety check.

The "deadline date" is when the next annual gas safety record is due to be completed. If a gas safety record is done no more than two months before the 12-month deadline date, it's treated as though it were done on the deadline date (although you should record both dates to show an audit trail).

Gas Safe Register is the official industry stamp for gas safety.

All gas installers should carry identification cards stating the type of work they are authorised to do. 

For further information about registered gas installers and to locate a local service, see the Gas Safe Register website at https://www.gassaferegister.co.uk. 

Once the inspection is done, the installer will provide a gas safety record. A gas safety record must be provided to occupiers before they first occupy the property, where the property contains gas appliances. You must complete the next gas safety check within 12 months of the previous inspection. Failure to do this is a criminal offence.

Any necessary repair or remedial work identified should be carried out immediately by the landlord, who cannot place responsibility for this on the occupier. If the occupier's behaviour causes the need for any work, the occupier can be charged for the repair work afterwards. 

Contact the Health & Safety Executive (HSE) for advice for further information about responsibilities and obligations. You can obtain additional information and details of the local HSE office from the HSE website at https://www.hse.gov.uk.

The gas regulations must be complied with, and all necessary repairs must be done as soon as possible. Defective gas appliances are hazardous, and some people have died. Culpable landlords could be subject to legal action, including a manslaughter charge.

A landlord must:

  • have gas appliances provided by them checked for safety by a registered gas installer within 12 months of their installation and then ensure further checks at least once every 12 months after that
  • ensure a gas safety check has been carried out on each appliance and flue every 12 months, except where the appliance was installed less than 12 months ago. The engineer should also inspect the gas pipework to ensure it is not leaking. The registered gas installer must take action to leave the appliance safe if it fails a safety check. This could be remedial action, disconnection or a warning notice attached
  • give a copy of the gas safety record to any new occupier when they move in (before occupation) and to existing occupants within 28 days of the check
  • keep a record of at least the last two gas safety records made for each appliance
  • ensure that gas appliances, fittings, and flues are maintained safely.

Contents of a gas safety record

The gas safety record must include all of the following information (r.36(3)(c)):

(i) the date on which the appliance or flue was checked;

(ii) the address of the premises at which the appliance or flue is installed;

(iii) the name and address of the landlord of the premises (or, where appropriate, his agent) at which the appliance or flue is installed;

(iv) a description of and the location of each appliance or flue checked;

(v) any safety defect identified;

(vi) any remedial action taken;

(vii) confirmation that the check undertaken complies with the requirements of paragraph (9) [...];

(viii) the name and signature of the individual carrying out the check; and

(ix) the registration number with which that individual, or his employer, is registered with a body approved by the Executive for the purposes of regulation 3(3) of these Regulations.

Exceptions to the Regulations

The regulations do not apply to gas appliances the occupier is entitled to remove.

The regulations do not apply to leases for more than seven years unless the landlord has a break clause that entitles the landlord to end the lease during the first seven years.

The regulations allow a defence for some specified regulations where a person can show that they took all reasonable steps to prevent the infringement of the rules.

Portable or mobile gas appliances supplied from a cylinder must be included in maintenance and the annual check; however, they are excluded from other parts of the regulations.

Room-sealed Appliances

The regulations require that:

  • a gas appliance installed in a bathroom or a shower room must be a room-sealed appliance (i.e. sealed from the room in which it is located and obtaining the air for combustion from the open air outside the building, discharging the products of combustion directly into the open air)
  • a gas fire, other gas space heater or a gas water heater of 14-kilowatt heat output or less in a room used or intended to be used as sleeping accommodation must either:
  • be a room-sealed appliance or
  • incorporate a safety control designed to shut down the appliance before there is a build-up of a dangerous quantity of the products of combustion in the room concerned.

Indications That an Appliance Is Faulty or Dangerous

Danger signs to look for are:

  • stains, soot or discolouration around a gas appliance indicating that the flue or chimney is blocked, in which case carbon monoxide can build up in the room
  • a yellow or orange flame on a gas fire or water heater

The most effective indication of a combustion problem would be activating an adequately installed carbon monoxide detector.

Occupiers' Duties

Occupiers also have responsibilities imposed by the Gas Safety (Installation and Use) Regulations 1998.

They must report any defect that they become aware of and must not use an appliance that is not safe. Occupiers should be informed of this in writing, and a clause explaining their duties should be included in their agreement: this would consist of reporting any defect and not using an appliance that is not safe.

If You Smell Gas

If you smell gas or are worried about gas safety, call National Gas Emergency Service on 0800 111 999 at any time of the day or night and follow these steps.

Oil-fired boilers

Oil-fired boilers are typically found in properties not connected to the gas grid; these boilers utilise stored oil to provide heat. Critical safety measures must be adhered to despite not falling under the same annual safety certification requirement as gas boilers.

The Oil Firing Technical Association (OFTEC) recommends an annual service and inspection of oil-fired boilers by a certified technician. While a yearly certificate is not a legal obligation, regular inspections can provide necessary documentation demonstrating the boiler's safety. This could be beneficial in insurance claims or disputes.

Regular servicing of oil-fired boilers is vital for several reasons. Inspections can flag up potential hazards, like oil or carbon monoxide leaks. A well-maintained boiler operates more efficiently, saving on fuel costs and lessening environmental impact. Furthermore, regular maintenance can prolong the lifespan of a boiler, leading to long-term savings.

Landlords and letting agents should arrange annual servicing by a registered OFTEC technician, keep track of all servicing records, provide tenants with information on safe boiler usage, and respond promptly to any reported issues.

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