Landlords of properties with gas appliances in England & Wales have strict gas safety duties under the Gas Safety (Installation and Use) Regulations 1998.
Key Duties:
- Ensure gas appliances, fittings, and flues are safe.
- Conduct an annual safety check via a Gas Safe registered engineer.
- Provide a copy of the Gas Safety Record (CP12) to tenants before they move in, and within 28 days of each annual check.
Impact on Section 21:
- Failure to provide the initial Gas Safety Record before the tenant moved in, and subsequent annual records, generally invalidates a Section 21 notice. Historic failures can be hard to rectify for S21 purposes.
- Keep meticulous records and proof of when certificates were provided.
Section 8 / Scotland: While failure is a serious safety breach and could be relevant in court/Tribunal proceedings (e.g., under general compliance arguments), it doesn't automatically invalidate a Section 8 / Notice to Leave like it does for Section 21.
