Gas Safety Certificates – the implications of failing to comply

Landlords are required to make sure all gas appliances, fittings, chimneys and flues are maintained in a safe condition to ensure the safety of a tenant.  All gas appliances and flues need to undergo an annual gas safety check, which should always be carried out by a suitably qualified Gas Safe registered engineer. The engineer will then provide a gas safety certificate, which must be served on tenants.

Agents should ensure they keep records of the gas safety certificates and the dates they were served on tenants. A valid Section 21 Notice cannot be served if a certificate has not been provided to the tenant. It is a common defence in eviction proceedings for a tenant to dispute receiving the certificate, so it is important for agents to also retain any evidence it was served in case they are faced with this defence later down the line.

Case study: Gas Leak in Sunderland

In June 2022, a tenant of a privately rented home complained to the council about a gas leak that resulted in the supply being cut off, leaving the property without hot water or heating. The gas expert also mentioned that the flue of the gas boiler was sealed with builder’s foam and that he would not be able to fix corroded gas lines until plumbing work was completed.

In July 2022, a legal notice was delivered by the council requiring that gas safety works be completed and that a gas safety report be submitted to Sunderland council. Throughout the summer and autumn of 2022, the council persisted in requesting information and the gas safety certificate. In December 2022, a formal warning was given, and as the landlady did not respond, the council started legal action.

She had breached her duties by failing to present the gas safety certificate and other required documentation.

The landlady entered a not guilty plea, and the matter was sent to trial. In her defence, she stated that she had moved and was not receiving any mail, and she believed she had complied by sending an email with her data to the Health and Safety Executive through her gas engineer.

It was determined that the landlady who disregarded a council’s warnings and neglected to obtain annual gas safety certificates and received a court fine of almost £1,500 – which was made up of £1,236.86 in court costs, a fine of £180 and a victim surcharge of £72.00.

This example illustrates just how important it is that letting agents ensure they keep their landlord’s safe from fines, by ensuring their documentation is kept in order.

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