Gas Safety Obligations for Landlords — Annual Checks, CP12 Certificates, and Penalties

Legal Duty

The Gas Safety (Installation and Use) Regulations 1998 impose a legal duty on landlords to:

1. Ensure all gas appliances, flues, and pipework in a rented property are maintained in a safe condition

2. Have an annual gas safety check carried out by a Gas Safe registered engineer

3. Keep a record of the gas safety check for at least 2 years

4. Give tenants a copy of the gas safety record (CP12 certificate) before they move in, or within 28 days of the check being carried out

This applies to all gas appliances provided by the landlord, including boilers, gas fires, cookers, and hobs. Appliances brought in by the tenant are the tenant’s responsibility.

Who Can Carry Out the Check?

Only a **Gas Safe registered engineer** can legally carry out a landlord gas safety check. Gas Safe is the UK’s official gas registration body, replacing CORGI in 2009.

Always verify the engineer’s Gas Safe registration at the point of booking and on arrival. Every Gas Safe registered engineer carries a Gas Safe ID card with a licence number, expiry date, and the categories of work they are qualified to undertake.

The CP12 Certificate

After carrying out the annual check, the engineer issues a “Gas Safety Record” — commonly known as a CP12 certificate (though CP12 is the specific form used by British Gas; the record can be on any approved format).

The record must include:

• A description of and the location of each appliance or flue checked
• Any defect identified and any action taken
• Confirmation of satisfactory condition (or details of action required if not)
• Date of inspection
• The engineer’s name and Gas Safe registration number

Timing and Record Keeping

The annual check must be carried out every 12 months. Many landlords build in a 10–11 month cycle to allow time for booking and ensure the certificate does not lapse.

If a new tenancy starts after the 12-month anniversary, the landlord must ensure a new check has been carried out before the new tenancy begins.

You must keep records of gas safety checks for at least 2 years. If you have managed multiple properties over many years, keeping organised digital records is essential.

Giving Tenants the Certificate

• **Existing tenancies:** The new certificate must be given to the tenant within 28 days of the check
• **New tenancies:** The certificate must be given before the tenant moves in
• **Section 21 link:** A Section 21 notice is invalid if the tenant was not given a valid gas safety certificate before moving in, even if a certificate was subsequently provided. Courts have been strict on this requirement.

Penalties for Non-Compliance

Failure to carry out annual gas safety checks or failure to provide the certificate is a criminal offence under the Gas Safety Regulations. Penalties include:

• An unlimited fine
• Up to 6 months’ imprisonment
• The Health and Safety Executive (HSE) prosecutes enforcement cases

In practice, prosecutions are relatively rare, but the consequences are severe. Gas-related accidents in rental properties where the landlord has failed in their duty can result in corporate manslaughter charges in the most serious cases.

Boiler Service vs Gas Safety Check

These are different:

• **Gas safety check:** Legal requirement. Covers all gas appliances and flues. Focuses on safety.
• **Boiler service:** Not a legal requirement. Focuses on boiler performance and efficiency. Recommended annually to maintain the boiler warranty and prevent breakdowns.

Most landlords arrange both at the same time. The boiler service is typically charged separately.