Landlord Legal Duties
Landlord Gas Safety Regulations 1998 Explained: Regulation 36
Regulation 36 of the Gas Safety (Installation and Use) Regulations 1998 requires landlords in England, including London, to maintain relevant gas fittings safely, arrange annual appliance and flue checks, keep records and give tenants copies. The Landlord Gas Safety Record, commonly called CP12, documents the check; maintenance remains a separate duty.
Smell gas? Leave and call the National Gas Emergency Service on 0800 111 999. For suspected carbon monoxide symptoms, get fresh air and call NHS 111, or 999 if serious.
Have your postcode, the gas appliances you provide and your current certificate's expiry date ready.
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- Every landlord gas appliance checked
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Regulation 36: Each Duty, Its Deadline and the Evidence to Keep
Annual checks, safe maintenance, tenant copies and record retention are separate duties. Use this checklist to distinguish required records from recommended supporting evidence.
Keep delivery evidence alongside the statutory record as a practical precaution. Arrange landlord gas safety checks in London with the full appliance list ready.
Maintain safely
keep relevant gas fittings and flues safe throughout the tenancy. Maintenance invoices and work notes are useful supporting evidence. Regulation 36(2).
Complete annual checks
check every landlord appliance and flue within the required annual cycle, subject to regulation 36A. A booking is not a completed inspection.
Use a competent engineer
maintenance and checks require appropriate Gas Safe registration and competence. Check the engineer’s ID and relevant work categories. Regulation 36(4).
Obtain the inspection record
it must contain the prescribed check details and findings. It does not certify every aspect of property safety. Regulation 36(3)(c).
Give tenants copies
existing tenants need their copy within 28 days; new tenants need the latest record before occupation. See tenants’ gas safety rights. Regulation 36(6).
Retain records
keep each appliance or flue’s record until two further checks have occurred. If removed, retain it for two years from its last check. Regulation 36(3)(c).
Who Counts as a Landlord Under These Rules?
Gas safety duties can apply to whole-home rentals, paying lodgers and short-stay accommodation.
Letting Agents and Tenants: Make the Allocation of Duties Clear
A management agreement should identify who handles compliance; domestic tenants cannot simply take over the landlord’s statutory duties. Allocate these tasks in writing:
- Maintenance and action on faults.
- Check appointments and access.
- Record collection, tenant delivery and retention.
Agents accepting contractual responsibility have corresponding duties. Unclear arrangements leave responsibility with the landlord, who should obtain evidence that the agreed tasks happened.
- Residential letting: the landlord duties generally apply.
- Paying lodger: living in the same home does not automatically remove them.
- Holiday or short let: a short stay does not remove the safety duty.
- Owner-occupier: ownership alone does not create an annual landlord-record duty.
Regulation 36 uses specific lease and licence definitions. Unusual long-lease arrangements need individual assessment.
Keep Inspection, Maintenance and Record Keeping Separate
A completed check does not replace ongoing maintenance or management of the resulting record. Treat these as three distinct tasks.
Include Every Landlord Gas Appliance and Its Flue
The annual duty covers every landlord-provided gas appliance and flue, including boilers, cookers, hobs, range cookers, fires and water heaters.
Prepare an inventory, identify appliance locations and explain access to concealed flue routes. Check the attending engineer’s ID and relevant categories. Tenant-owned appliances are generally the tenant’s responsibility; the landlord retains separate maintenance duties for relevant installation pipework.
Maintain Safe Appliances Between Annual Checks
Landlords must keep relevant gas fittings and flues safe between inspections. A safety check examines safety; servicing maintains the appliance.
- Follow manufacturer servicing instructions.
- Respond promptly to reported faults.
- Arrange necessary remedial work with a suitably qualified Gas Safe registered engineer.
Regulation 36 does not impose one universal boiler-servicing timetable.
Deliver Tenant Copies and Retain the Record Correctly
Give existing tenants their copy within 28 days and new tenants the latest record before they move in.
Check that the record identifies the property, landlord or agent, check date, appliances and flues, engineer and signature, defects, remedial action and required checks.
Electronic delivery is suitable where the tenant agrees and can access it; provide paper if requested. Retain records until two further checks of the relevant appliance or flue, or for two years from its last check if removed.
Plan Checks Around the Existing Deadline
A qualifying check in the two months before the deadline preserves that deadline under regulation 36A.
Establish the deadline
use previous records to confirm the existing cycle.
Arrange access
allow enough time to complete the check.
Retain evidence
keep records supporting the preserved deadline.
There is no general grace period after expiry. Regulation 36A contains a restricted, once-only provision for aligning appliance or flue deadlines within the same premises. Seek advice before relying on that exception.
Document Reasonable Steps When Access Is Refused
There is no automatic three-attempt exemption: document reasonable efforts and never force entry. Read what to do when a tenant refuses a gas safety check for the fuller process.
- Record attempted attendance and dates.
- Leave contact details after an unsuccessful visit.
- Explain the legal safety requirement in writing.
- Offer appointment options and retain responses.
HSE guidance calls for efforts appropriate to the circumstances. A court ultimately decides whether the steps were reasonable; an access log does not automatically excuse a missed check.
A CP12 and a Building Regulations Certificate Serve Different Purposes
A CP12 records a safety check; a Building Regulations compliance certificate relates to notified installation work.
CP12
documents inspection findings. It cannot replace missing installation-notification evidence.
Building Regulations compliance certificate
concerns installation compliance. It does not remove ongoing landlord check duties.
Boiler service record
documents maintenance work. It does not replace the landlord safety check covering other appliances and flues.
Identify which document is missing before seeking a replacement. A fresh CP12 does not retrospectively regularise installation work.
Separate Alarm and Licensing Duties Also Need Attention
Alarm requirements and property-licence conditions sit alongside regulation 36. A gas safety record does not establish compliance with either.
Smoke and Carbon Monoxide Alarms Have Their Own Rules
Covered rented homes in England need carbon monoxide alarms in living-accommodation rooms containing fixed combustion appliances, excluding gas cookers. Read the smoke and carbon monoxide alarm rules for landlords.
The Smoke and Carbon Monoxide Alarm (England) Regulations 2015, amended in 2022, also require:
- Smoke alarms on each storey containing living accommodation.
- Working-order checks at the start of a new tenancy.
- Investigation and repair or replacement of reported faulty alarms as soon as reasonably practicable.
London Property Licences Add a Council Evidence Requirement
Where gas is supplied, Housing Act 2004 Schedule 4 requires relevant licences to include annual production of a gas safety certificate for council inspection. See London property licensing and gas safety requirements.
Check the address, actual licence and council instructions for mandatory HMO, additional HMO or selective licensing. Exemption from licensing does not remove regulation 36 duties.
Enforcement and Penalties for Failing to Meet the Duties
Failing to meet landlord gas safety duties can lead to enforcement and prosecution; a later check does not prove earlier compliance.
Missed check
arrange completion and preserve the historical records.
Undelivered record
provide the tenant’s copy and document delivery.
Unresolved unsafe equipment
follow the warning and arrange necessary remedial work with a Gas Safe registered engineer.
HSE handles gas safety enforcement; councils have housing and licensing functions. Penalties depend on the offence and court decision, rather than one universal fixed fine.
Landlord gas safety certificates
Arrange a Landlord Gas Safety Check in London
Arrange your London check with the property address, full appliance list, existing deadline and access arrangements ready.
All Service 4 U uses Gas Safe registered engineers; our business registration is 648977. Our phone line is open 24 hours a day, 7 days a week. Same-day gas safety check appointments are available.
Arrange a landlord gas safety check: 020 3740 6785
020 3740 6785
Frequently Asked Questions
What Are the New Rules for Landlords in 2026?
The Renters’ Rights Act reforms do not replace regulation 36 gas safety duties. Tenancy reforms effective from 1 May 2026 sit alongside the continuing maintenance, annual-check and record obligations. This guide covers gas safety in England, rather than every landlord rule. Legal wording reviewed on 1 November 2026.
Can I Get the Landlord CP12 and Boiler Service Done in One Visit?
Yes, we can arrange a landlord gas safety check and boiler service together, with one access arrangement. They remain separate activities: the check covers relevant landlord appliances and flues, while the boiler service follows that appliance’s maintenance requirements. Include every gas appliance when arranging the visit.
My Boiler Has Been Labelled Unsafe: What Does That Mean?
An unsafe label means you must follow the warning and stop using the appliance. Immediately Dangerous means immediate danger; At Risk means faults could make it dangerous. The engineer seeks permission for appropriate isolation, and the record documents the findings. Smell gas: leave and call 0800 111 999. Treat a CO alarm as real; leave. For suspected CO symptoms, get fresh air and call NHS 111, or 999 if serious.
Do the Gas Safety (Management) Regulations 1996 Set the CP12 Duty?
No. Landlord inspection and record duties come from regulation 36 of the Gas Safety (Installation and Use) Regulations 1998. The Gas Safety (Management) Regulations 1996 concern gas-network management, including safety cases and emergency arrangements. Similar names do not make these regulations interchangeable.
How Much Should I Pay for a Landlord’s Gas Safety Certificate?
The charge depends on the appliances, property and appointment scope. Supply the full appliance list and ask what the quotation includes, particularly if adding a boiler service. Confirm that every relevant landlord appliance and flue is included, and explain any access restrictions or timing requirements when requesting a price.
Still have a question or need urgent assistance? Call 020 3740 6785, tell us what has happened and we will tell you what happens next.