Who is a tenant?

In relation to domestic gas under the Gas Safety (Installation and Use) Regulations 1998 (GS(IU)R 98), a tenant is anyone who occupies a property under a lease that is shorter than 7 years or under a licence . Regardless of whether GSIUR 98 applies you may be considered a tenant under other related legislation.

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What duties does my landlord have in relation to gas safety?

Your landlord has duties under 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 for 2 years and i ssue 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.

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What should I do if my landlord refuses to arrange servicing for the appliances s/he has provided for my use?

Remind your landlord of their legal duties under the Gas Safety (Installation and Use) Regulations 1998 . If your landlord still refuses to arrange servicing for the appliances they have provided contact your local HSE Area Office.

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What can I do if my landlord won't provide me with a record of the safety check?

Remind your landlord of their legal duties under the Gas Safety (Installation and Use) Regulations 1998 to keep a record of the safety check for 2 years. They must also i ssue a copy to each existing tenant within 28 days of the check being completed and issue a copy to any new tenant before they move in. You may wish to write to your landlord requesting sight of the safety check record (see below specimen letter). If they still refuse to provide you with a copy contact your local HSE Area Office.

Specimen letter requesting a gas safety check or sight of the safety check record:

(Your address)
(Landlord's name)
(Landlord's address)
(date)

Dear (Landlord's name)

RE: (Address of Property being let)

As you are aware, the Gas Safety (Installation and Use) Regulations 1998 place 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.

Yours sincerely

(Your name)

• Download an editable copy of the letter

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Should my landlord provide me with a carbon monoxide (CO) alarm?

HSE strongly recommends the use of CO alarms as one useful precaution to give advance warning of CO in the property. Importantly alarms should not be regarded as a replacement for regular maintenance and safety checks by a Gas Safe Registered engineer. CO alarms cost between £20-£30 and can be purchased in most hardware shops. If your landlord has not provided you with a CO alarm then HSE strongly recommends you invest in one your self. They are portable and so can be taken to any future properties with you. Before purchasing a CO alarm, always ensure it complies with British Standard EN 50291 and carries a British or European approval mark, such as a Kitemark. CO alarms should be installed and maintained in line with the manufacturer's instructions.

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Does my landlord have to use a Gas Safe Registered engineer to complete the gas work?

Yes. The Gas Safety (Installation and Use) Regulations state that landlords must only use a Gas Safe Registered engineer for maintenance and safety checks on gas equipment they own and provide for tenants use in domestic premises. HSE advises that you check that the Gas Safe Registered engineer is competent to work in that specific area of gas. This is clearly marked on the back of the engineer's Gas Safe Register registration card. If in any doubt, you can ring Gas Safe Register or check their website to see if the engineer is registered.

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What should I do if my heating and hot water has been switched off due to a gas safety check or maintenance?

If a gas appliance has been switched off by a Gas Safe Registered engineer it is because it was unsafe and should not be used. No matter how inconvenient the situation is such action helps to ensure your safety. If a heating appliance has been disconnected then your landlord must provide you with emergency heating, for more information on this contact your local authority whilst arranging for appropriate remedial work by a Gas Safe Registered engineer.

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Does my landlord have any responsibilities for gas appliances that I own and have provided for my own use?

If you have provided an appliance for your own use then you are responsible to arrange its maintenance by a Gas Safe Registered engineer. Your landlord does still have responsibilities for parts of the installation and pipework.

There are some good practice measures that you could adopt for appliances that you own:

1. Always notify your landlord well in advance if you are considering arranging for gas appliances to be installed/ replaced.
2. Approach your landlord and ask for your appliance to be included (at reasonable cost) within the gas safety maintenance/check they arrange with a Gas Safe Registered engineer.
3. At the start of the tenancy check with your landlord if there are any flues or chimneys that are unsuitable for the installation of a gas appliance.

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What can I do if my landlord is harassing and/or threatening to evict me?

Advice numbers to call include:

• Shelter's Campaign for bed-sit rights 020 7505 2135
• Citizens Advice Bureau (local office)
• Shelterline 0808 800 4444

• Local Shelter housing aid centre

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Can my landlord keep the Landlord's gas safety record electronically?

Yes. So long as the electronic copy is:

• capable of being reproduced in hard copy format when required (e.g. for the tenant/HSE/housing department)
• secure from loss and interference
• Uniquely identifies the gas operative who carried out the safety check e.g. an electronic signature, a scanned signature, a payroll number unique to the operative, the name of the operative etc. The employer needs to have secure systems that link the individual operative to the unique identifier.

A landlord, or gas engineer with the landlord's agreement, may send or give a copy of the electronic record directly to you, providing you are happy with this arrangement and have the ability to access it.

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Can I use a room containing a gas appliance as a bedroom?

Since 31 October 1998, any room converted to use as sleeping accommodation should not contain the following types of gas appliances:

• A gas fire, gas space heater or a gas water heater (including a gas boiler) over 14 kilowatts gross input unless it is room sealed.
• A gas fire, gas space heater, or a gas water heater (including a gas boiler) of 14 kilowatts gross input or less or any instantaneous water heater unless it is room sealed or has an atmosphere-sensing device.

If a room contains one or more of the above appliances and was used as a bedroom prior to 1998 your landlord will need to do a risk assessment to determine if it can still be used as a bedroom. If you are unsure of the safety of any gas appliance you should arrange with your landlord for a Gas Safe Registered engineer to check it.

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What are my landlord's responsibilities if they have provided LPG appliances?

Landlord duties for LPG appliances are the same as for natural gas. The landlord must arrange for maintenance by a Gas Safe Registered engineer for all LPG appliances which they own and provide for tenants and have a Gas Safe Registered engineer carry out a safety check at least once every 12 months.

In addition to maintenance, there are some further safety precautions to take with LPG heaters:

• be aware that cabinet heaters need a good supply of fresh air to burn properly so the room must be well ventilated;
• ensure any heaters have an atmospheric sensing device- it will shut the appliance off if the air quality is poor;
• Ensure that the correct size and type of gas bottle is being used;
• Be aware that outdoor heaters and not designed for use indoors.

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Do I have to grant access to allow the gas maintenance and safety check to take place?

You should allow access to the property to enable the gas maintenance visits and safety check to be undertaken, as it helps to keep you and your family safe. If you fail to provide access then there are further steps your landlord can take to gain access for the gas maintenance visits and safety check to be undertaken.

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What should I do if I smell gas or I am concerned about the safety of any gas appliances?

• If you suspect there is a gas leak you should immediately do the following:
• Call National Grid's Gas Emergency Freephone number: 0800 111 999
• Open all the doors and windows
• Shut off the gas supply at the meter control valve (if you know where it is)

It is illegal for anyone to use a gas appliance if they suspect it is unsafe. Turn the appliance off and do not touch it until it has been checked by a Gas Safe Registered engineer.

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What support is available to help me understand my duties under the Gas Safety (Installation and Use) Regulations 1998?

Free leaflets explaining some of the main requirements of landlords, under the Gas Safety (Installation and Use) Regulations 1998 and general gas safety information are available from HSE.

HSE runs a free Gas Safety Advice Line offering advice on gas safety that is open 8am-8pm Monday- Friday and 10am-4pm on a Saturday. To contact the Gas Safety Advice Line freephone 0800 300 363.