Under regulation 36 The Gas Safety (Installation and Use) Regulations 1998, landlords have certain duties in relation to gas appliances within their properties.
A gas safety record (some people incorrectly refer to it as a “certificate”) is required within 12 months of the first install of an appliance and thereafter no more than 12 monthly intervals.
A landlord shall—
- ensure that each appliance and flu has been checked for safety within a period of 12 months before the lease commences or has been or is so checked within 12 months after the appliance or flu has been installed, whichever is later; and
- ensure that the last 2 records are retained (although we recommend keeping them for much longer).
A copy of the report must be given “before occupation” for new tenants and within 28 days of the report where there is an existing tenant.
Where there is no gas appliance in any room occupied by the tenant (for example a shared HMO), the landlord may, instead of ensuring that a copy of the record is given to the tenant, ensure that there is displayed in a prominent position in the premises, a copy of the record with a statement endorsed on it that the tenant is entitled to have his own copy of the record on request to the landlord at an address specified in the statement.
From April 2018, the date a gas safety is due is known as a “deadline date”. A landlord can obtain a gas safety record up to 2 months before the deadline date and will retain the deadline date for the following year. This allows you to arrange early access and not be penalised. Please see here for more detailed information on this and other changes from April 2018.