Annual gas safety check by a Gas Safe registered engineer

Any residential letting in England under a lease of less than 7 years or a licence (including lodgers and rooms in an HMO) where the landlord provides a gas appliance, installation pipework or flue, or one that serves the premises and is owned or controlled by the landlord. Appliances the tenant owns and is entitled to remove are excluded.

Ensure each relevant gas appliance and flue is checked for safety (including the matters in regulation 26(9)) by, or by an employee of, a Gas Safe registered business: within 12 months of installation, at intervals of not more than 12 months since the last check, and within the 12 months before any new lease begins. A check completed in the 2 months before the deadline date is treated as made on the deadline date, so the original anniversary is kept. Separately, once per appliance, a check may be made up to 2 months after the deadline date, but only to align that appliance's date with other appliances in the same premises.

Deadline

Every 12 months

Next check is due within 12 months of the previous check (the deadline date). A check done up to 2 months early keeps the original deadline date for the following check (reg 36A(1)). Also required within the 12 months before a new lease starts (reg 36(3)(b)).

• Gas safety record for each check containing the items listed in reg 36(3)(c)
• Engineer's Gas Safe registration number on the record
• Records of any remedial work carried out after the check

Criminal offence

Yes, you can be prosecuted

Other consequences

Breach is a criminal offence under the Health and Safety at Work etc. Act 1974 s.33(1)(c), enforced by HSE: on conviction on indictment up to 2 years' imprisonment and/or an unlimited fine; on summary conviction imprisonment up to the magistrates' court general limit and/or a fine. In licensed HMOs and licensed houses, producing an annual gas safety certificate to the council is also a mandatory licence condition.

• Gas Safety (Installation and Use) Regulations 1998 (SI 1998/2451), reg 36(3)(a)-(b) and 36(4)legislation.gov.uk
• Gas Safety (Installation and Use) Regulations 1998, reg 36A (inserted by SI 2018/139 from 6 April 2018)legislation.gov.uk
• Health and Safety at Work etc. Act 1974, Schedule 3A (mode of trial and maximum penalty)legislation.gov.uk

Official guidance

HSE: lodgers paying rent make the householder a landlord for reg 36; the duty cannot be passed to a tenant by contract; leases of 7 years or more are outside reg 36. If the tenant refuses access, HSE expects repeated, documented attempts. Section 21 was abolished from 1 May 2026, so the former link between gas records and section 21 notices no longer matters for new possession claims.

• Keep gas fittings and flues in a safe conditionIn force since 3 October 1998

  Between annual checks you must keep the gas appliances, pipework and flues you are responsible for safe, and act promptly on any defect found.

• Keep gas safety recordsIn force since 6 April 2018

  Keep each gas safety record until two further checks have been made on that appliance or flue, and make it available to occupiers on request.

• Give existing tenants the gas safety record within 28 daysIn force since 3 October 1998

  After each annual gas check, give a copy of the record to every existing tenant within 28 days.

• Give new tenants the gas safety record before they move inIn force since 3 October 1998

  A new tenant must receive a copy of the latest gas safety record before they occupy the property.

• Electrical installation inspection and test at least every 5 yearsIn force since 1 June 2020Fine up to £40,000

  Have the fixed electrical installation inspected and tested by a qualified person before each tenancy starts and at least every 5 years, or sooner if the report says so.

• Give existing tenants the electrical report within 28 daysIn force since 1 June 2020Fine up to £40,000

  After each electrical inspection, give a copy of the report to each existing tenant within 28 days.

• Give new tenants the electrical report before they move inIn force since 1 June 2020Fine up to £40,000

  A new tenant must receive a copy of the most recent electrical report before occupying the property.

• Give prospective tenants the electrical report within 28 days of a written requestIn force since 1 June 2020Fine up to £40,000

  If a prospective tenant asks in writing for the electrical report, you must supply it within 28 days.

• Give the council the electrical report within 7 days of a written requestIn force since 1 June 2020Fine up to £40,000

  If the council asks in writing for the electrical report, you must send it within 7 days.

• Keep the electrical report and pass it to the next inspectorIn force since 1 November 2025Fine up to £40,000

  Keep each electrical report until the next inspection is due or done, and give a copy to the person doing the next inspection.

• Complete electrical remedial or investigative work within 28 daysIn force since 1 June 2020Fine up to £40,000

  If the electrical report records C1 or C2 defects or FI (further investigation), have the work done by a qualified person within 28 days of the inspection, or sooner if the report says so.

• Send written confirmation of electrical remedial work to tenants and the council within 28 daysIn force since 1 June 2020Fine up to £40,000

  After remedial or investigative work, get written confirmation from a qualified person and send it, with the original report, to the tenants and the council within 28 days of completion.

• Smoke alarm on every storey with living accommodationIn force since 1 October 2015Fine up to £5,000

  There must be a smoke alarm on each storey that has a room used wholly or partly as living accommodation, including bathrooms and toilets, throughout the tenancy.

• Carbon monoxide alarm in rooms with a fixed combustion applianceIn force since 1 October 2022Fine up to £5,000

  Any room used as living accommodation that contains a fixed combustion appliance (other than a gas cooker), such as a boiler, gas fire or wood burner, must have a carbon monoxide alarm.

• Check smoke and CO alarms work on the day a new tenancy beginsIn force since 1 October 2015Fine up to £5,000

  On the first day of each new tenancy, check that every required smoke and carbon monoxide alarm is in proper working order.

• Repair or replace faulty smoke or CO alarms after a tenant reportIn force since 1 October 2022Fine up to £5,000

  If a tenant reports that an alarm is not working, check it and repair or replace it as soon as reasonably practicable.

• Assess and control the risk from LegionellaIn force

  Landlords must assess the risk of tenants being exposed to Legionella from the hot and cold water system and put simple controls in place. A test certificate is not required.

• Furniture supplied in a furnished let must meet fire safety rulesIn force

  Upholstered furniture, beds, mattresses, pillows and cushions you provide in a let must meet the Furniture and Furnishings (Fire) (Safety) Regulations, which is normally shown by a permanent label.

• HMO management dutiesIn force since 6 April 2006Fine up to £40,000

  Whoever manages an HMO must meet the HMO management regulations on contact details, fire safety, water, gas and electricity, common parts, living accommodation and waste, whether or not the HMO is licensed.

• HMO manager: send the gas safety certificate to the council within 7 days of a requestIn force since 6 April 2006Fine up to £40,000

  If the council asks in writing, the HMO manager must send the latest gas safety certificate within 7 days.

• Give tenants the gas safety record (cross-reference)In force

  Give existing tenants a copy of the gas safety record within 28 days of each check, and new tenants the latest record before they move in.

• Give tenants the electrical safety report (cross-reference)In force

  Give existing tenants the EICR within 28 days of the inspection, new tenants before they move in, and prospective tenants within 28 days of a written request.