What Are the Safety Requirements?
Any work on gas appliances in England/Wales can only be carried out by Gas Safe
registered engineers. CORGI registration is no longer sufficient.
Your landlord has duties under section 11 of the Landlord & Tenant Act 1985
and section 36 of the Gas Safety (Installation and Use) Regulations 1998
to arrange maintenance by a Gas Safe
Registered engineer for all pipework, appliances and flues, which they own and have provided for your use. Your landlord must also arrange for an annual gas safety check to be carried out every 12 months by a Gas Safe Registered engineer. They must keep a record of the safety check (known as a Landlords Gas Safety Cerificate or CP12) for 2 years and issue a copy to each existing tenant within 28 days of the check being completed and issue a copy to any new tenants before they move in.
How do I check if this has been done?
You should initially ask your landlord for a copy of the CP12 certificate. If he makes excuses or forgets to supply it, you should follow up your request in writing.
Send this letter to your landlord at the address shown on your tenancy agreement. Keep a copy and obtain a free certificate of posting from the post office counter.
Dear Mr XXXXX
RE: 123 High Street, Anytown, AT1 2AA
Further to our conversation on XX/XXX/20XX, I am writing to remind you that the Gas Safety (Installation and Use) Regulations 1998 place certain duties on landlords. One of those duties is making sure that gas appliances and flues they own in the property which they let, are maintained in good order and checked for safety at least every twelve months. Landlords must also keep a record of the safety checks and issue these to their tenants.
Unfortunately to date, I have not been shown a copy of the safety check record carried out at the above property, which I now rent. Therefore I would be grateful if you could show me a copy of the safety check record for the above property within the next 10 days.
This letter is based on the one available on the HSE website. If your landlord fails to comply with this, you should contact the Environmental Health Officer at your local council or the Health and Safety Executive
What if the Landlord doesn't check Gas Safety?
If your gas appliances are not inspected/certified safe, you should contact the Environmental Health Officer at your local council or the Health and Safety Executive on 0800 300 363. They will take action on your behalf, which could ultimately result in a £20,000 fine for the landlord or even a prison sentence.