The Gas Safety Certificate That Expired Mid-Tenancy
You manage a block of six flats. The landlord of Flat 4 is abroad and has not responded to emails for three weeks. The annual gas safety check for Flat 4 was due on 1 March; it is now 20 March. The tenant in Flat 4 has a gas hob and a combi boiler and has not reported any problems. The previous certificate is on file and expired on 1 March. The landlord's nominated emergency contact is a brother who says he has no authority to instruct contractors. The tenant has just emailed asking whether the boiler is safe because a neighbour mentioned the certificate. Two other flats in the block have valid certificates.
1. Set out the legal position on the gas safety check and what you must do now.
Read the worked answer
Landlords must have a gas safety check carried out by a Gas Safe registered engineer every 12 months on all gas appliances and flues, and must give the tenant a copy of the record within 28 days of the check. The check was due on 1 March and has not been done, so the property is now non-compliant.
You must:
- Instruct a Gas Safe registered engineer immediately, using the landlord's authority under the management agreement if it permits you to arrange essential safety works.
- Notify the landlord in writing that the check is overdue and that you are arranging it to avoid a breach.
- Give the tenant a copy of the new record once the check is done.
- Keep the expired certificate and the new one on file.
You should not tell the tenant the boiler is safe; you do not know that until the check is done. You should tell the tenant a check is being arranged and give a date.
2. The landlord's brother refuses to authorise access and the tenant will not let the engineer in without the landlord's consent. What are your options?
Read the worked answer
The tenant's cooperation is needed for access, but the obligation to have the check done rests with the landlord. Options:
- Write to the tenant explaining the legal requirement and asking them to cooperate with a specific appointment, giving at least 24 hours' notice.
- Write to the landlord and the brother recording that the check is overdue, that access is being blocked, and that the landlord remains liable.
- If access is refused, record the refusal and the dates, and consider serving notice of the need for access under the tenancy terms.
- If the landlord continues not to respond, escalate internally and consider whether the management agreement allows you to act as agent of necessity for safety-critical works.
- Warn the landlord that failure to comply can lead to prosecution and an unlimited fine, and that the local authority can act.
Do not force entry; that would be unlawful without a court order or a genuine emergency.
3. What should you tell the tenant, and what should you avoid saying?
Read the worked answer
Tell the tenant:
- The annual check is due and you are arranging it as a priority.
- You will give them at least 24 hours' notice of the appointment.
- They will receive a copy of the new gas safety record once completed.
- If they smell gas or suspect a leak, they should call the National Gas Emergency Service immediately and not use the appliance.
Avoid:
- Saying the boiler is 'safe' or 'fine' before the check.
- Blaming the landlord in a way that undermines the working relationship or prejudges the outcome.
- Promising a date you cannot keep.
- Discussing the landlord's personal circumstances or the brother's lack of authority.
Keep the tone factual and reassuring, and record the advice given.