Yes, you must give your tenant a copy of the gas safety record. In England, Regulation 36 of the Gas Safety (Installation and Use) Regulations 1998 as amended gives you 28 days from the date of the check for a tenant already living there, and requires a new tenant to receive the most recent record before moving in. You then keep each record until two further checks on the same appliance have been carried out. This page sets out the deadlines, the rules on email copies, short lets and how long the paperwork stays on file.
Do you have to give your tenant a copy of the gas safety certificate?
Yes. In England, Regulation 36 of the Gas Safety (Installation and Use) Regulations 1998 as amended makes giving the tenant a copy of the gas safety record your duty as landlord. The record is often called a CP12 or a landlord gas safety certificate. You cannot hand that duty to the tenant through a clause in the tenancy agreement.
Where a letting agent manages the property, the management contract decides who arranges the check, sends the record and keeps the file. If the contract is silent or unclear, the duty stays with you. If the agent holds that responsibility, the same duties apply to the agent.
The record must also be available to view on request, with reasonable notice, for anyone lawfully occupying the premises and affected by the appliances. Our guide to landlord gas safety in England sets out the wider duties that sit around the record.
How long have you got: 28 days for existing tenants, before move-in for new ones
Existing tenants must have a copy of the gas safety record within 28 days of the check. A new tenant must receive a copy of the most recent record before occupying the property. Both deadlines come from Regulation 36 of the Gas Safety (Installation and Use) Regulations 1998 as amended, which applies in England.
The 28 days run from the date the Gas Safe registered engineer carried out the check. They do not start when the paperwork reaches your inbox. Ask for the record at the visit so the clock does not eat into your time.
You can arrange the check up to two calendar months before the due date without moving the expiry date forward. That flexibility came in with the Gas Safety (Installation and Use) (Amendment) Regulations 2018. Dates, early renewal and lapsed records are covered in our guide to gas safety certificate renewal.
Two deadlines, one document: 28 days after the check for tenants already living there, and before the keys change hands for anyone moving in.
Can you email the gas safety record instead of handing over paper?
You can send the gas safety record by email where the tenant agrees to it and can access it. HSE accepts electronic copies on that basis. A tenant who asks for a paper copy must be given one. With your consent, the Gas Safe registered engineer can email the record straight to the tenant after the check.
Keep your own note of what you sent and when. Regulation 36 of the Gas Safety (Installation and Use) Regulations 1998 as amended sets the deadline for giving a copy; it does not set out a receipt procedure. Your sent items and message history are the evidence you hold.
Short lets and appliances in rooms the tenant never uses: when a displayed copy is enough
Where the occupation lasts 28 days or less, you may display a legible copy of the gas safety record in a prominent place in the premises rather than give a copy to each tenant. Regulation 36 of the Gas Safety (Installation and Use) Regulations 1998 as amended allows this in England. It fits holiday lets and other short stays, where new guests arrive every few days.
HSE takes the same approach where an appliance sits in a part of the building the tenant does not occupy or use. Display the copy where a guest will actually see it, such as the entrance hall or the kitchen. Keep it legible and keep it current after each check.
How long must you keep old landlord gas safety records?
Keep each gas safety record until two further checks on the same appliance and flue have been carried out. That is the wording of Regulation 36 of the Gas Safety (Installation and Use) Regulations 1998 as amended. In practice you hold the current record plus the two before it.
Where an appliance has been removed from the property, keep the record for two years from the date of the last check on that appliance. HSE's plain-English summary of the same rule is to keep records for at least two years. A folder per property, with the engineer's registration number visible on each record, makes a request from a council or from HSE easy to answer.
What has to be on the gas safety record for it to count?
A gas safety record only does its job if it carries the details Regulation 36 of the Gas Safety (Installation and Use) Regulations 1998 as amended requires. Read the copy before you pass it to the tenant.
- the date of the check
- the address of the property checked
- the name and address of the landlord, or of the agent acting for the landlord
- a description and the location of each appliance and flue checked
- the name, registration number and signature of the engineer who carried out the check
- any safety defect found, and the action taken
Which appliances, pipework and flues belong on the record is explained in our guide to what appears on a gas safety record. A tenant's own cooker, for example, is treated differently from one you supply.
What if your tenant refuses access, or the 28 days have already passed?
A tenant who refuses access does not remove your duty, and breaches of the landlord gas safety duties can be prosecuted by HSE. You cannot force entry. HSE expects you to show that you took all reasonable steps to get the check done.
- write to the tenant explaining that the check is a legal requirement
- leave a note with your contact details and offer to arrange a time
- keep copies of every letter, email and message about access
- set out access arrangements in the tenancy agreement from the start
If the 28 days have already passed, send the copy as soon as you can and keep evidence of when you sent it. The same file of correspondence supports you if the check itself was delayed. When the next check is due, you can book a landlord gas safety certificate (CP12) with FM Power and receive the record by email to pass on to your tenant.
Sources
- Regulation 36, Gas Safety (Installation and Use) Regulations 1998
- The Gas Safety (Installation and Use) (Amendment) Regulations 2018
- HSE — Gas safety check records and what to keep
- HSE — Dealing with tenants
- HSE — Gas safety: landlords and letting agents
- GOV.UK — Private renting: your landlord's safety responsibilities