Repairing Standard: statutory guidance for private landlords

Annex D2: Installations for the supply of gas

D.40 The Gas Safety (Installation and Use) Regulations 1998 as amended by the Gas Safety (Installation and Use) (Amendment) Regulations 2018, specifically deal with the installations, maintenance and use of gas appliances, fittings and flues in domestic and certain commercial premises. They place duties on landlords to ensure that gas appliances, fittings and flues provided for tenants’ use are safe. Failure to maintain gas appliances may result in loss of life and can lead to a prosecution. Private landlords must ensure the properties in which their tenants live are gas safe.

D.41 Private landlords must be satisfied that any gas appliances, fittings and flues in any houses they rent to tenants are safe to use. They must ensure that tenants can rely on the safety of gas installations and use gas appliances without fear of carbon monoxide poisoning. Private landlords should refer to the Health and Safety Executive guide to landlords’ duties: Gas Safety (Installation of Use) Regulations 1998 as amended Approved Code of Practice and guidance.

D.42 Gas fittings include gas pipework, valves, regulators and meters, and fittings, apparatus and appliances designed for use by consumers of gas for heating, lighting, cooking or other purposes for which gas can be used. Private landlords are responsible for maintaining internal pipes leading from the meter to gas appliances such as boilers, cookers and heaters and for making sure all gas appliances in the property are checked and serviced annually. Private landlord’s responsibilities include portable appliances such as LPG cabinet heaters.

D.43 It is the private landlord’s responsibility to:

• Ensure gas fittings and flues are maintained in a safe condition;
• Ensure an annual safety check is carried out on each gas appliance and flue;
• Keep the record of the gas safety check for at least two years. However, if you wish to take advantage of the flexibility introduced under the Gas Safety (Installation and Use) (Amendment) Regulations 2018 to have gas safety checks carried out up to 2 months before the date the check needs to be carried out but still retain the original deadline date (as if the check had been carried out exactly 12 months after the previous check) you will have to demonstrate that you have complied with the law and carried out the gas safety checks within the required timescales. The record will need to be kept until two further gas safety checks have been carried out.
• Issue a copy of the latest safety check record to existing tenants within 28 days of the check being completed, or to any new tenant before the tenancy starts.

D.44 Private landlords do not have responsibility for appliances owned by their tenant or flues/chimneys which are solely connected to an appliance owned by their tenant. However, landlords must ensure that tenants are aware of their responsibilities in this regard.

D.45 Private landlords do have responsibility for any appliances and flues serving houses they rent to tenants where they are not situated in the tenant’s home, such as central heating boilers not installed in tenants’ accommodation, but used to heat them.

D.46 Private landlords have a duty to take all reasonable steps to ensure gas safety checks are carried out and tenants are required to give their landlords reasonable access. A suitable time for accessing the property should be arranged with the tenant. The tenant should be given at least 48 hours' notice. If the tenant does not agree to give access at the suggested time then an alternative appointment should be agreed. If a suitable time cannot be agreed then the landlord should apply to the First-tier Tribunal for Scotland using the Right Of Entry procedure – see Right of Entry - Housing and Property Chamber.

D.47 Private landlords should ensure any gas engineer they appoint to carry out a gas safety check is registered on the Gas Safe Register. All gas engineers must be on the Gas Safe Register to carry out gas work legally.

D.48 Any gas safety defect identified must be rectified by a Gas Safe registered engineer before the equipment is next used. Private landlords should keep copies of work done to rectify defects identified by the gas safety check.

D.49 It is an offence for a gas appliance identified as being unsafe to be used. In no circumstances should an appliance which has either been isolated or disconnected for safety reasons be reconnected until the fault has been rectified.

D.50 Private landlords must ensure that carbon monoxide (CO) detectors are fitted in all rooms where there is a fixed combustion appliance such as a boiler, fire (including open fires), heater or stove designed and installed to operate on a carbon fuel (i.e. oil, solid fuel or gas) or a flue. Appliances used solely for cooking purposes are excluded. This is a requirement of the Tolerable Standard; see annexes A and J.

D.51 Tenants must be advised of the following action to be taken should there be a smell of gas, or suspicion of a gas escape, or a carbon monoxide leak:

• Open all doors and windows;
• Shut off the gas supply at the meter control valve;
• If gas continues to escape the National Gas Emergency Service should be called on 0800 111 999 – it operates 24 hours a day; and
• Any investigations or repairs must be carried out by a Gas Safe registered engineer.