Gas safety

Since 31st October 1998, Residential landlords are required to have the gas supply and any gas appliances they provide inspected every 12 months by a registered engineer under the Gas Safety (Installation and Use) Regulations 1998 enforced by the Health & Safety Executive (HSE).

From 1st April 2009, all gas work and the annual gas inspection must be carried out by a Gas Safe registered gas engineer. Prior to this it had to have been by a corgi registered gas engineer.

If the annual safety check identifies a defect then the engineer may disconnect the appliance. The landlord must then have the fault rectified or the appliance replaced before re-connecting.

A copy of the gas safety report should be provided to the current tenant and any new tenant must be supplied with a copy. The landlord must keep a copy of the safety report for at least 2 years.

The landlord cannot delegate responsibility for the gas safety to the tenant. If the landlord is using a letting/managing agent then it is advisable that the contract makes clear which party is responsibe for arranging the gas safety.

The maximum penalty for non-compliance is a fine of £5,000, however where injury or death occurs due to the non-compliance an unlimited fine and or custodial sentence can be imposed.

It is not the landlord's responsibilty to have tested any appliances owned by the tenant (defined as those appliances which the tenant is entitled to take away upon terminating the tenancy).