UK landlords have a statutory duty to arrange an annual gas safety check on every gas appliance they provide in a rented property, carried out by a Gas Safe registered engineer. The check is recorded on a Landlord Gas Safety Record (the 'CP12') that must be given to tenants within 28 days. Breaches are criminal offences under the Gas Safety (Installation and Use) Regulations 1998 and can also invalidate a Section 21 eviction notice. Tenants should know their rights before signing, and at every annual renewal.
What is a Annual Gas Check Obligation?
UK landlord gas safety obligations derive from Regulation 36 of the Gas Safety (Installation and Use) Regulations 1998. Landlords must maintain gas pipework, flues, and appliances in a safe condition and arrange an annual safety check by a Gas Safe registered engineer. The record must be retained for two years and a copy given to tenants.
Red flags to watch for
Regulation 36 requires this record. Without one, the landlord is committing a criminal offence and any subsequent Section 21 notice may be invalid.
Only Gas Safe registered engineers can legally carry out the checks. The register is searchable online by engineer number and company.
The statutory duty rests on the landlord. It cannot be contracted out of under Regulation 36.
Gaps suggest ongoing non-compliance. Ask to see the last three years' records before signing.
'At risk', 'immediately dangerous' or 'not to current standards' notations require corrective action that should be documented.
Landlords must give 24 hours' written notice for access under s 11 Landlord and Tenant Act 1985, and tenants should cooperate — refusal creates liability issues for both sides.
Your legal rights
The Gas Safety (Installation and Use) Regulations 1998 (primarily Reg 36) impose criminal liability on landlords for failure to carry out and record annual gas safety checks. The Deregulation Act 2015 makes a valid CP12 a precondition for service of a valid Section 21 notice for tenancies in England. The Health and Safety Executive (HSE) enforces. Local councils may also prosecute under housing standards powers.
Questions to ask before you sign
- 1Can I see the current CP12 gas safety record before I sign?
- 2What is the Gas Safe registration number of the engineer who carried it out?
- 3Are there any 'at risk' or 'not to current standards' items outstanding?
- 4What is the process and notice period for annual checks during my tenancy?
- 5How long will you keep records, and how will you give me future CP12s?
- 6Can I see the CP12s for the previous two years to check compliance history?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.