Technical Bulletin 055: Duties of landlords

Date issued: 24 June 2024

Note: This version of Technical Bulletin (TB) 055 replaces the version published on 3 June 2021, which is now withdrawn. This version has been reviewed and revised where appropriate to ensure that it remains both current and relevant.

This Technical Bulletin provides clarification to Gas Safe registered businesses/engineers on certain requirements for landlords with regard to the Gas Safety (Installation and Use) Regulations 1998 (GSIUR).

This Technical Bulletin (TB) has been written to provide registered gas businesses/engineers working in Great Britain (GB) with greater clarity on Regulation 36 of the Gas Safety (Installation and Use) Regulations 1998 (GSIUR). For additional guidance, please see the HSE publication L56 Safety in the Installation and use of Gas Systems and Appliances, which is the approved code of practice and guidance document that accompanies GSIUR.

Note 1: Similar requirements apply in other geographical areas covered by Gas Safe Register. For details of current health and safety legislation, gas safety legislation, building legislation and industry standards for the geographical areas covered by Gas Safe Register, see the Legislative, Normative & Informative Document List (LNIDL)(1) by logging into your Gas Safe Register online account.

Note 2: Although the following guidance applies particularly to GB, the health and safety enforcing authorities in all geographical areas covered by Gas Safe Register, ie, GB, Northern Ireland, Isle of Man and Guernsey, regard the guidance in this TB as a best practice requirement and would expect all Gas Safe registered businesses/engineers to apply its requirements when and where appropriate circumstances/relevant installations are encountered.

Q1. Does Regulation 36 of GSIUR apply to hotel rooms used for residential purposes?
A1. Regulation 36 applies to any relevant gas fitting (appliance and pipework) that directly or indirectly serve hotel rooms. This duty extends to any chimney/flue that serves any relevant gas fitting.

Regulation 36 places two main related but distinct duties on hotels acting as a landlord:
• To maintain any relevant gas fitting (gas appliances and pipework supplying gas appliances) and associated chimneys/flues serving hotel rooms; and
• To undertake an annual gas safety check of all gas appliances and chimneys/flues serving hotel rooms.

Hotels should display (in a prominent position for the guests), a copy of the record of the annual safety check, often called the Landlord’s Gas Safety Record (LGSR), covering all relevant gas appliances and chimneys/flues. This should include appliances indirectly serving hotel rooms such as boilers in a boiler house.

The LGSR does not need to record gas appliances, installation pipework or chimneys/flues exclusively used for non-residential parts of the hotel (eg, public bars).

Gas appliances, installation pipework or chimneys/flues exclusively used for non- residential parts of a hotel are required to be maintained in a safe condition by Regulation 35 of GSIUR.

Q2. What equipment is covered by Regulation 36 of GSIUR (a landlord’s duties) in relation to tenanted properties?
A2. Regulation 36 applies to any relevant gas fittings (gas appliances and pipework supplying gas appliances) and any chimney/flue which serves the relevant gas fitting.

The definition of a relevant gas fitting set out in Regulation 36 excludes a tenant’s own gas appliance(s) (eg, gas cooker) – however it covers the installation pipework supplying the gas appliance.

If, as part of an installation, a tenant supplies their own chimney/flue to serve their gas appliance (eg, serving a gas AGA) it falls outside the landlord’s Regulation 36 duties. If the tenant moves out and leaves gas appliances and chimneys/flues in situ, these will be adopted by the landlord and fall under the landlord’s Regulation 36 duties for the next tenant.

Q3. What should I do when I find open-flued appliances in rooms used temporarily as sleeping accommodation, eg, by elderly people or those with disabilities?
A3. Legislation does not make any allowance for temporary use. Therefore, if the appliance(s) has a heat input greater than 12.7kW net (14kW gross) or less than 12.7kW but does not incorporate a safety control designed to shut down the appliance before a dangerous quantity of products of combustion builds up in the room, the installation does not comply with current requirements. As such it should be classified as At Risk (AR) in accordance with the current IGEM/G/11, Gas Industry Unsafe Situations Procedure (GIUSP), until the situation can be resolved.

Where tenants have altered their sleeping arrangements as described above, landlords have a duty of care under Section 3 of HSWA, to take reasonably practical steps to ensure the safety of their tenants. They could therefore consider:
• Replacing/removing the appliance(s)
• Re-housing the tenant into other suitable accommodation.

In the event of an incident occurring in such premises, it would be for the landlord to show that they did all that was reasonably practical to avoid the incident occurring.

Q4. If I make a mistake in completing a LGSR, can I make a change to the information I have recorded?
A4. For minor amendments, such as incorrect postcodes or telephone numbers, then it may be possible to change the record, but only within a reasonable period of time, eg, within one to two weeks of the check being undertaken. Changes would need to be made by the registered business that undertook the work and the change should be signed so that an audit trail can be maintained. The amended copy (showing the changes) of the record should be given to the landlord.

No changes should be made to any technical data or test results. If an error was made, the check would need to be redone and a new record issued.

Where the date on which the check was undertaken is found to be incorrect, the check would need to be redone and a new record issued.

Q5. Do I have to record all and any type of defect on a LGSR?
A5. Only safety-related defects, ie, ID or AR defects on “relevant gas fittings” are required to be recorded on the LGSR. All safety defects must be addressed by the landlord, as required by Regulation 36(2) of GSIUR.

Q6. Do I have to record the tenant’s own gas appliance(s) on the LGSR?
A6. Tenant’s own appliances are not required by GSIUR to be recorded on the LGSR.

Q7. Where a contractual agreement dictates that a tenant’s own appliance(s) (appliances not owned by the landlord) is recorded on the LGSR, what is recorded in the ‘Safe To Use’ section on the paperwork or electronic device?
A7. Landlords/clients may require (through a contractual agreement) that a registered gas engineer records a tenant’s own appliance(s) on the LGSR. If this is the case, there is guidance in IGEM/G/11, the Gas Industry Unsafe Situation Procedure (GIUSP), which clearly guides the RGE through a visual risk assessment: “Generally, a visual risk assessment is for visually apparent defects only and does not require moving an appliance or any building infrastructure unless the engineer has concerns. The expression “Safe to use” should not be applied to a visual only assessment as this expression implies a full 26(9) examination has been performed”.

For a tenant’s own appliance(s), a visual inspection only should be carried out and no further checks are required.

Where a visual inspection only is carried out on a tenant’s own appliance, it is advised that “N/A” is recorded in the ‘Safe To Use’ section of the LGSR.

Visual checks alone cannot confirm an appliance or installation is safe to use.

If the visual inspection identifies safety issues on the appliance, then “No” should be recorded in the ‘Safe To Use’ section, and IGEM/G/11 should be followed.

Note 3: There can be difficulty changing some electronic recording devices which are a pre-set program not allowing any variations: however, it is recommended over time these will be adjusted to deliver an industry consistent message.

Q8. Do I have to record all and any type of defect on a tenant’s own appliance(s) on the LGSR?
A8. If the RGE has entered No in the Safe To Use section of the form covering a tenant’s own gas appliance, it is advised that the action taken in accordance with IGEM/G/11 (GIUSP) is recorded.

Q9. Is a safety check the only legally required duty on landlords to be completed within each 12 months on “relevant gas fittings”, ie, landlord’s gas appliances?
A9. Landlords are also required to maintain any relevant gas fitting (eg, gas appliances and pipework supplying gas appliances) and associated chimneys/flues in a safe condition.

An example of effective maintenance would be a full service of the landlord’s appliances, along with a visual inspection of the rest of the installation and a gas tightness test.

Q10. Is there any leeway in the renewal date of the safety check?
A10. The renewal date is the date by which the next safety check must be carried out (within 12 months). There can be no overrun of this date.

Regulation 36A of GSIUR allows for “MOT-style” checks to be carried out up to two calendar months early while retaining the renewal date.

For example, a landlord’s gas safety check due for renewal on 12 April 2024 can be carried out between 12 February 2024 and 12 April 2024. The next 12-month period would run from 12 April 2024 and so the next renewal date would be 12 April 2025.

A landlord is required by GSIUR to retain the last two (years) LGSRs. If the landlord does not have complete records demonstrating compliance with Regulation 36 of GSIUR then the renewal date will be taken as 12 months from the date of the last gas safety check.

General requirements for the inspection
To conform to the requirements of Regulation 36(2) & 36(3) of GSIUR, a landlord needs to:
a) Ensure that appliances and chimneys/flues to which the landlord’s duty extends are checked for gas safety at periods not exceeding 12 months.
b) Although installation pipework is not covered by the requirements of the annual safety check, there is a requirement for landlords to ensure that it is maintained in a safe condition. It is generally accepted that a test for tightness on the whole gas system, including installation pipework, together with visual examination (as far as is reasonably practicable) of the pipework, be made at the same time as the safety check.

Note 4: Newly installed gas appliances must be checked for gas safety within 12 months of installation. It is, however, recommended that at the date of the safety check, all installed appliances are checked for gas safety, so as to bring them in line with the date of the annual safety check (otherwise more than one visit would be required).

c) Ensure that a record in respect of any appliance or chimney so checked is made and retained until there have been two further checks of the appliance or chimney under this paragraph or, in respect of an appliance or chimney that is removed from the premises, for a period of two years from the date of the last check of that appliance or chimney. The record shall include the following information:
   (1) The date on which the appliance or chimney/flue was checked
   (2) The address of the premises at which the appliance or chimney/flue is installed
   (3) The name and address of the landlord of the premises (or, where appropriate, an agent) at which the appliance or chimney/flue is installed
   (4) A description of and the location of each appliance or chimney/flue checked
   (5) Any safety defect identified5
   (6) Any remedial action taken
   (7) Confirmation that the check undertaken complies with but is not be limited to, an examination of the requirements referred to in sub-paragraphs (a) to (d) of Regulation 26(9) of GSIUR
   (8) The name and signature of the individual carrying out the check, and
   (9) The registration number with which the individual or their employer is registered with Gas Safe Register (for the purposes of Regulation 3(3) of GSIUR).

Note 5: Regulation 36(3)(c)(v) requires that safety defects, ie, ID or AR defects on “relevant gas fittings” are recorded on the LGSR.

Regulation 26(9) of GSIUR requires that after “work” has been undertaken on a gas appliance, RGEs need to undertake the necessary gas safety checks and tests to ensure that the appliance and any associated chimney/flue, is safe for continued use. They need to examine:
(a) The effectiveness of any flue
(b) The supply of combustion air
(c) Subject to paragraph ca (below), its operating pressure or heat input or, where necessary, both
   (ca) If it is not reasonably practicable to examine its operating pressure or heat input (or, where necessary, both), its combustion performance
(d) Its operation so as to ensure safe functioning

Note 6: Regulation 26(9) (d) would include any appliance specific, or manufacturer-specified safety checks e.g. combustion analysis.

The term “work” is defined in GSIUR and lists specific activities, which are:
• Maintaining, servicing, permanently adjusting, disconnecting, repairing, altering or renewing the fitting or purging it of air or gas
• Where the fitting is not readily movable, changing its position
• Removing the fitting.

Where an annual gas safety check or other maintenance work involves an appliance incorporating a pre-mix burner and a zero-set pressure regulator, and the installation does not incorporate a gas meter (eg, many LPG installations) it will not be possible to check the heat input or burner pressure. This is a requirement of Regulation 26(9)(c) of GSIUR. In such circumstances, provided that the RGE is equipped with a suitable electronic combustion gas analyser (ECGA) that is both operating in current calibration and capable of measuring a combustion ratio, then a satisfactory combustion ratio reading in accordance with the manufacturer’s published value or BS 7967(3) will be acceptable as an alternative check.

Measuring the gas inlet working pressure on a boiler fitted with an air gas ratio valve would not fulfil the requirements of Regulation 26(9)(c).

Note 7: For further guidance on the use of an ECGA to confirm safe operation of a gas appliance, see TB 013(4) and TB 143(5).

Note 8: For guidance about the use of electronic records and signatures in relation to a landlord’s gas safety record check, refer to TB 076(6).

Note 9: For general information about the process behind the development of Gas Safe Register Technical Bulletins and the expectations for all Stakeholders, see TB 1000(7).

For further guidance on the duties of landlords in GB, visit:

(1) LNIDL – Gas Safe Register Legislative, Normative & Informative Document List
(2) HSE L56 – Safety in the installation and use of gas systems and appliances – Approved code of Practice and Guidance to the Gas Safety Installation and use) Regulations
(3) BS 7967: 2015 – Guide for the use of electronic portable combustion gas analysers for the measurement of carbon monoxide in dwellings and the combustion performance of domestic gas-fired appliances
(4) TB 013 – Air/Gas ratio valves
(5) TB 143 – CO and combustion ratio checks using an Electronic Combustion Gas Analyser (ECGA) when commissioning a condensing boiler incorporating air/gas ratio control valve technology.
(6) TB 076 – Electronic records and signatures – Information for landlords and gas installation businesses
(7) TB 1000 – An introduction to Gas Safe Register Technical Bulletins