Gas safety in tenancies: why it matters especially when you want your property back 

July 10, 2025
Maximilian Kraitt

Associate

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Gas safety may not be the first thing landlords think about when letting a property, but it should be. Ensuring that gas appliances are regularly checked and certified isn’t only about preventing dangerous accidents, it can directly affect your ability to regain possession of your property if the tenancy needs to be ended. This is particularly true for landlords who intend to serve a Section 21 notice, and increasingly relevant as housing legislation evolves with the upcoming Renters’ Rights Bill. 

Your legal obligations under gas safety regulations 

The primary legal framework governing gas safety in rented properties is the Gas Safety (Installation and Use) Regulations 1998. These regulations place clear, non-negotiable duties on landlords. You are legally required to: 

  • Arrange for a Gas Safe registered engineer to carry out a gas safety check every 12 months on every gas appliance and flue in the property. 
  • Provide a copy of the Gas Safety Certificate (CP12) to the tenant before they occupy the premises. 
  • Supply a copy of the updated certificate within 28 days of each annual safety check if the tenancy is ongoing. 
  • Retain records of gas safety checks for at least two years. 

It’s worth noting that these rules apply regardless of whether the tenancy is short or long term, furnished or unfurnished, or whether the tenant is paying market rent or a discounted rate. 

The regulations are enforced by the Health and Safety Executive (HSE), and non-compliance can result in criminal prosecution, fines, or even imprisonment. But for many landlords, the more immediate impact comes when attempting to serve notice to end a tenancy. 

Gas safety and possession: The Section 21 trap 

Under Section 21 of the Housing Act 1988, landlords have the right to evict tenants without needing to prove fault, commonly referred to as a “no-fault eviction.” However, this right is conditional on strict compliance with a range of legal requirements. One of the most common reasons for a Section 21 notice to be deemed invalid is a failure to comply with gas safety laws. 

The courts have taken a robust stance on this issue. To serve a valid Section 21 notice, the landlord must have provided the tenant with a valid gas safety certificate before they moved in. This requirement is strict and cannot be taken lightly. If the certificate was not served at the correct time, the notice may be struck out, rendering your possession claim invalid. 

In Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760, the Court of Appeal addressed the question of whether late service of the gas safety certificate could ever be remedied. In that case, the landlord had completed the safety check before the tenant moved in but did not provide the certificate until months later, shortly before serving the Section 21 notice. The court held that this late service did not automatically invalidate the notice, provided the safety check had indeed been carried out before the start of the tenancy. 

While this decision gave landlords some relief, it’s a narrow exception. It does not excuse landlords who failed to conduct a safety check at all before the tenancy began, nor does it apply where no certificate was ever issued. In practice, landlords who attempt to rely on Trecarrell still face the risk of extensive court scrutiny, procedural challenges from tenants, and costs. 

What if you didn’t serve the Gas Safety Certificate correctly? 

If you’re in the unfortunate position of having omitted to serve the certificate properly, your options depend on the details: 

  1. If the gas safety check was conducted before the tenancy began, but you failed to serve the certificate at the right time, Trecarrell may give you an argument that late service could still permit a valid Section 21 notice, but only if the certificate is served before notice is given. Immediate remedial action is advisable. 
  1. If no check was done before the tenancy began, the situation is more problematic. Courts have suggested that this form of non-compliance cannot be fixed retroactively. Your Section 21 notice is likely to be invalid, and alternative routes must be explored. 
  1. If the check was conducted but the certificate has expired, or you failed to carry out annual checks, this also creates compliance issues. While not always fatal, it may raise broader questions about the landlord’s conduct, especially if possession is contested. 

In some cases, landlords consider issuing a new tenancy agreement after rectifying compliance to “reset the clock.” However, this approach carries legal risk, particularly if seen as a device to bypass the regulations. Legal advice is crucial before attempting this. 

Don’t ignore Section 8: an alternative possession route 

Landlords sometimes overlook Section 8 as a viable route to possession. This provision of the Housing Act 1988 allows you to regain possession by proving one or more statutory grounds, such as rent arrears, anti-social behaviour, or breach of tenancy terms. While more adversarial than Section 21, it doesn’t carry the same compliance traps regarding documents like gas safety certificates. 

If you can establish a clear breach of tenancy, Section 8 may provide a more straightforward route, especially where Section 21 is not available due to gas safety non-compliance. However, these proceedings can be defended, so robust evidence and good preparation are key. 

Upcoming changes under the Renters’ Rights Bill 

The government’s Renters’ Rights Bill, currently progressing through Parliament, proposes to abolish Section 21 altogether. The Bill passed committee stage in the House of Lords in May 2025, but its final passage has slowed due to political debate and scheduling congestion. The latest estimates suggest that Royal Assent may not be granted until autumn 2025, with new tenancies affected first, followed by a gradual transition for existing tenancies in 2026. 

Key features of the proposed legislation include: 

  • Abolition of Section 21 “no-fault” evictions for almost all landlords. 
  • Conversion of all assured shorthold tenancies into open-ended periodic tenancies. 
  • Possession claims moving exclusively to the Section 8 regime. 
  • Introduction of minimum notice periods for various grounds (e.g., four months if selling). 
  • New obligations around property standards, a central landlord portal, and tighter rules around rent increases and pet permissions. 

While this may sound like the end of gas safety’s relevance in possession cases, that is far from true. Courts will continue to scrutinise landlords’ compliance with safety and repair duties, particularly under the Decent Homes Standard, which the Bill is expected to extend to the private rental sector. A failure to comply with gas safety obligations could be used by tenants as part of a defence or counterclaim, especially in discretionary possession cases or rent arrears disputes. 

Why compliance and paperwork matter more than ever 

Whether under the current rules or the future regime, one thing is clear: your paperwork matters. Landlords should ensure that: 

  • Every gas safety check is booked in advance and carried out on time. 
  • Certificates are served in writing, ideally with dated confirmation (email with read receipt or tenant signature). 
  • Records are kept securely for at least two years, and preferably longer. 

Many possession claims fall apart not because the landlord was in the wrong, but because they cannot prove compliance. In court, the burden is on you to demonstrate that all legal requirements have been satisfied. If there’s doubt, judges tend to favour the tenant, especially where health and safety are concerned. 

Get professional advice before you act 

If you’re considering ending a tenancy, especially under Section 21, it’s essential to carry out a compliance audit before taking any steps. Gas safety is just one of several mandatory requirements, others include providing the Energy Performance Certificate, the How to Rent Guide, deposit protection information, and licensing if applicable. 

Max advises landlords across London on possession proceedings, compliance checks, and dispute resolution. If you’re unsure whether your paperwork is in order, or you’re already facing a dispute, get in touch with him for a focused, practical consultation to protect your interests and avoid unnecessary delays or litigation. 

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