Tenant's own gas cooker: what you must check and what you must not

Written by FM Power Plumbing and Heating Ltd with AI assistance ·

No, you do not have to check a gas cooker your tenant owns and may take with them when they leave. Regulation 36(1) of the Gas Safety (Installation and Use) Regulations 1998 as amended excludes such an appliance from the term "relevant gas fitting", so in England your annual safety check duty does not reach that cooker. The pipework behind it, and the point it connects to, are a different matter. Those stay with you. This page sets out where the line runs, what goes on your record, and what happens when an engineer finds a tenant's appliance unsafe.

Does a landlord have to check a tenant's own gas cooker?

No, not the cooker itself. Regulation 36(1) of the Gas Safety (Installation and Use) Regulations 1998 as amended defines a relevant gas fitting as any gas appliance other than one the tenant is entitled to remove from the property. A cooker the tenant bought, and can take with them, sits outside that definition. HSE says the same in plain words: where a tenant has their own appliance that you did not provide, your duties in England cover parts of the installation and the pipework, not the appliance.

The tenant carries that appliance. HSE states that tenants are responsible for the safety check of appliances they own, and for the flue where it serves only their appliance. Set this out in the tenancy agreement before the tenant moves in. It saves an argument at the door on the day of the annual check.

Ownership decides the duty, not the room the appliance stands in. If you provided the appliance, it is yours to have checked every 12 months, whether it is fixed or portable. HSE names an LPG cabinet heater supplied by the landlord as an example of a portable appliance inside the duty.

Who is responsible for the hose and connection point behind a tenant's gas cooker?

You are. Installation pipework in the property is a relevant gas fitting under regulation 36(1), and in England you must keep it in a safe condition. HSE explains that installation pipework is not itself subject to the annual safety check requirement, but it must be maintained. The generally accepted approach HSE describes is a tightness test on the whole installation plus a visual inspection of the pipework, carried out at the same time as the safety check.

Pipework from the meter to the appliance belongs in your maintenance programme. HSE describes effective maintenance as a rolling programme of inspection and repair, covering the condition and safe functioning of appliances, installation pipework, ventilation and flues. A tenant's cooker can change how a room ventilates. Judging that is work for a Gas Safe registered engineer, meaning an engineer working for a business on the register HSE approves for gas work.

Nobody else may connect the cooker. Regulation 3 of the same Regulations says no person shall carry out work on a gas fitting unless competent, and that work must be done by a member of an HSE-approved class of persons. That rules out the tenant fitting their own cooker, and it rules out you doing it.

Appliance you provided or appliance the tenant owns: which landlord duties change in England

The split follows two questions: did you provide the appliance, and may the tenant remove it. Everything fixed to the property's gas installation stays on your side of the line in England.

What is at stakeAppliance you providedAppliance the tenant owns
Annual gas safety checkYours to arrange, within 12 months of installation and at intervals of no more than 12 months after thatThe tenant arranges the check on the appliance they own
Installation pipework serving itYours to keep in a safe conditionStill yours, because pipework in the property is a relevant gas fitting
Flue serving only that applianceYours, checked along with the applianceThe tenant's, where the flue serves their appliance alone; HSE advises including it anyway
Entry on the landlord gas safety recordListed with its description and locationNot a landlord item; the tenant may hold a record of their own
Who may carry out the workGas Safe registered engineerGas Safe registered engineer; the tenant may not fit or move it themselves

Second-hand appliances are where this bites hardest. HSE advises a tenant buying a used gas appliance to have it checked before purchase, because the annual check and the servicing then fall to them. A cheap cooker from a classified advert can arrive with no history at all.

Does a tenant's own cooker appear on your landlord gas safety record?

Your record lists the appliances and flues you had checked, so an appliance you neither own nor provided normally does not appear as a landlord item. HSE sets the minimum content of the record: a description and the location of each appliance and flue checked, the engineer's name, registration number and signature, the date of the check, the property address, your name and address, any safety defects found and the action taken. The tenant may hold a separate record for their own appliance.

Keep each record for at least two years. In England, give a copy to an existing tenant within 28 days of the check, and to a new tenant before they move in. Regulation 36 also requires the record to be available for inspection by a lawful occupier on request, with reasonable notice. More on what belongs on the document is in our guide to which appliances, pipework and flues appear on a gas safety record, and the handover deadlines are set out in giving your tenant a copy.

What happens if an engineer finds a tenant's own gas appliance unsafe?

An unsafe appliance gets a warning label and goes out of use, whoever owns it. A Gas Safe registered engineer classifies a dangerous appliance as At Risk or Immediately Dangerous, and HSE states that both carry a "Danger Do Not Use" label. An appliance turned off by a registered engineer must not be used again until the fault has been put right. HSE is also clear that it is against the law to use a gas appliance anyone suspects is unsafe.

Act on defects recorded against your own fittings without delay. Where you suspect an appliance is dangerous, HSE expects you to make sure it is not used until the fault is fixed. Repair costs for the tenant's own cooker sit with the tenant. Repairs to installation pipework, or to an appliance you provided, sit with you. The two classifications are explained further in our guide to Immediately Dangerous and At Risk.

If anyone smells gas, HSE advice is to open doors and windows, leave the building and call the National Gas Emergency Service on 0800 111 999. Nobody in the household should attempt anything on the gas installation. Work on gas, on a flue or inside an appliance case is for a Gas Safe registered engineer only.

Tenants' portable gas heaters in England: CO alarm rules and bedroom restrictions

A portable gas heater a tenant brings in is not a fixed combustion appliance, so the carbon monoxide alarm duty does not attach to it. The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 apply in England and have required, since 1 October 2022, a carbon monoxide alarm in every room used as living accommodation that contains a fixed combustion appliance. A fixed combustion appliance is an installed appliance burning fuel of any kind to produce heat, such as a gas boiler or a wood burner. Gas cookers are excepted from that requirement.

No alarm duty does not mean no risk. A tenant running a portable heater in a bedroom is a reason to have the room assessed. Regulation 36 bars a landlord from installing a relevant gas fitting in a room used as sleeping accommodation where regulation 30(2) or (3) would be breached.

HSE sets out the restrictions on non-room-sealed appliances in bedrooms, meaning appliances that draw combustion air from the room itself. They apply to appliances installed after 1 January 1996, and to rooms in rented homes converted to sleeping accommodation after 31 October 1998. Non-room-sealed appliances rated at 14 kW or less need an atmosphere sensing device that shuts the appliance down. Ventilation and flue questions of this kind are for a Gas Safe registered engineer to assess, not for you or the tenant.

What if a tenant refuses access, or leaves a gas appliance behind?

You must be able to show all reasonable steps towards getting the check done. HSE is clear that you may not force entry. Its guidance suggests leaving a notice, writing to explain the legal duty, letting the tenant arrange a time that suits them, and keeping every letter and message. HSE inspectors look for at least three attempts, and a court decides in the end whether enough was done.

An access clause in the tenancy agreement makes this easier from day one. The duty itself cannot be handed to the tenant by a contract term. Renting out a single room makes you a landlord for gas purposes too, as set out in our guide to a gas safety certificate for a lodger. HSE prosecutes landlords who leave gas appliances unchecked.

An appliance abandoned by a previous tenant turns on one question: is it now an appliance you provide, and may the new tenant remove it. If it has become yours, it is a relevant gas fitting, and it belongs in the annual check and on the record. If you would rather it went, a Gas Safe registered engineer can disconnect and remove it. You can arrange the annual check and the record for your own appliances and pipework through our landlord gas safety certificate service.

Sources

Common questions

Can a tenant install their own gas cooker?

No. Regulation 3 of the Gas Safety (Installation and Use) Regulations 1998 as amended says nobody may carry out work on a gas fitting unless competent, and work must be done by a member of an HSE-approved class of persons. That means a Gas Safe registered engineer connects the cooker, not the tenant and not you.

Who pays if the engineer finds the tenant's cooker unsafe?

Costs for an appliance the tenant owns fall to the tenant, because the appliance is theirs to maintain and have checked. Work on installation pipework, or on an appliance you provided, falls to you. Either way, HSE states an appliance turned off by a registered engineer must not be used until the fault is put right.

Does the tenant's gas cooker need to go on my CP12 record?

It is not a landlord item, because your record covers the appliances and flues you had checked as the responsible person. The tenant may hold a separate record for their own appliance. Your pipework and the appliances you provided still appear in full, with their description and location.

Does a tenant's portable gas heater need a carbon monoxide alarm in that room?

Not under the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 in England, because a portable heater is not a fixed combustion appliance. The alarm duty since 1 October 2022 applies to rooms used as living accommodation containing a fixed appliance, with gas cookers excepted. The carbon monoxide risk from a portable heater remains, so have the room assessed by a Gas Safe registered engineer.

Who checks the chimney if only the tenant's gas fire uses it?

HSE places responsibility for a flue that serves only the tenant's own appliance with the tenant. HSE also recommends, as good practice rather than a legal duty, that landlords include all flues and chimneys connected to gas appliances in the safety check. Many landlords do include them, because a shared chimney is hard to separate in practice.

What if the tenant will not let the engineer in for the annual check?

Show all reasonable steps and never force entry. HSE suggests writing to explain the legal duty, leaving a notice, letting the tenant arrange a convenient appointment, and keeping all correspondence. Inspectors expect at least three attempts, and a court decides whether the steps taken were enough.

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