Gas Safety & EPC Obligations — Landlord Guide
Landlords in England have a range of statutory compliance obligations — gas safety certificates, EPCs, electrical safety reports, smoke alarms and carbon monoxide alarms. Failure to comply is a criminal or civil offence and can affect your ability to recover possession.
We advise landlords on compliance obligations and carry out pre-notice compliance reviews before serving any Section 8 notice — to ensure your possession claim is not undermined by a compliance failure.
Why It Matters
Compliance & Possession — The Link
Landlord compliance obligations are not just about safety — they are directly linked to your ability to recover possession of your property. Under the old Section 21 regime, failure to provide a gas safety certificate, EPC or How to Rent guide prevented a landlord from serving a valid Section 21 notice.
Section 21 has now been abolished. Under the new Section 8 regime, the link between compliance and possession is less direct — but compliance failures can still be raised by tenants as a defence or counterclaim, and non-compliance remains a criminal or civil offence in its own right.
We carry out a pre-notice compliance review as standard before serving any Section 8 notice. This ensures that your possession claim is not undermined by a compliance failure that could have been remedied before proceedings were issued.
We also advise landlords on their ongoing compliance obligations — including what to do when a gas safety certificate expires, when an EPC needs to be renewed, and how to deal with a tenant who refuses access for inspections.
Pre-Notice Compliance Review
Before Serving a Section 8 Notice
Before we serve a Section 8 notice on your behalf, we carry out a compliance review to check that all required documents have been served and all obligations met. This protects your possession claim and avoids costly delays.
- Gas safety certificate — valid and served
- EPC — valid and minimum E rating
- EICR — within 5 years and served
- How to Rent guide — current version served
- Deposit protection — protected and prescribed information served
- Written tenancy terms — provided before tenancy began
Proposed EPC Changes
The government has proposed raising the minimum EPC rating for rental properties from E to C. This has not yet been enacted. Landlords should plan ahead — upgrading insulation, heating systems and windows takes time and budget. We advise on the legal implications of any proposed changes.
Compliance Obligations
Landlord Safety & Compliance Obligations at a Glance
Gas Safety Certificate
Requirement
All gas appliances and flues must be checked annually by a Gas Safe registered engineer.
Service
Copy to tenant before move-in; within 28 days of annual check.
Penalty for Non-Compliance
Criminal offence — fine or imprisonment. Civil penalty up to £6,000.
Impact on Possession
Does not prevent Section 8 notice but is a criminal offence and may be raised as a defence.
Energy Performance Certificate (EPC)
Requirement
Property must have a valid EPC with a minimum rating of E before it can be let.
Service
Copy to tenant before they move in.
Penalty for Non-Compliance
Civil penalty up to £30,000 for letting with F or G rating without exemption.
Impact on Possession
Failure to provide EPC may affect compliance obligations and ability to market the property.
Electrical Installation Condition Report (EICR)
Requirement
Electrical installation must be inspected by a qualified electrician at least every 5 years.
Service
Copy to new tenant before move-in; copy to existing tenant within 28 days of inspection.
Penalty for Non-Compliance
Civil penalty up to £30,000.
Impact on Possession
Failure to provide EICR may affect compliance and is a civil offence.
Smoke Alarms
Requirement
At least one smoke alarm on every floor of the property. Must be in working order at start of tenancy.
Service
No formal document — landlord must test and confirm working order.
Penalty for Non-Compliance
Local authority can issue remedial notice and carry out works at landlord's expense.
Impact on Possession
Non-compliance is a civil matter but may affect insurance and liability.
Carbon Monoxide Alarms
Requirement
CO alarm required in any room with a fixed combustion appliance (including gas boilers). Must be in working order at start of tenancy.
Service
No formal document — landlord must test and confirm working order.
Penalty for Non-Compliance
Local authority can issue remedial notice and carry out works at landlord's expense.
Impact on Possession
Non-compliance is a civil matter but may affect insurance and liability.
How to Rent Guide
Requirement
The government's How to Rent guide must be provided to tenants at the start of each tenancy and when a new version is published.
Service
Email or hard copy to tenant at start of tenancy.
Penalty for Non-Compliance
Failure to serve may affect ability to rely on certain possession grounds.
Impact on Possession
Under the new regime, failure to provide may affect Section 8 compliance.
* This table provides a general overview. Requirements may vary and the law changes. Always take specific legal advice before relying on this information.
FAQs
Common Questions About Landlord Compliance
Does a landlord need a gas safety certificate?
Yes. Landlords must have all gas appliances and flues in their rental properties checked annually by a Gas Safe registered engineer. The engineer issues a Gas Safety Record (commonly called a gas safety certificate or CP12). The landlord must give a copy to the tenant before they move in (or within 28 days of the annual check). Failure to comply is a criminal offence and can result in a fine or imprisonment.
What is the minimum EPC rating for a rental property?
Currently, rental properties in England must have a minimum EPC rating of E. The government has proposed raising this to C for new tenancies, but this has not yet been enacted into law. Landlords should check the current requirements and plan ahead for any proposed changes. Letting a property with an F or G rating (without a valid exemption) is unlawful and can result in a civil penalty of up to £30,000.
Does failing to provide a gas safety certificate affect my ability to serve a Section 8 notice?
Under the current law, failing to provide a gas safety certificate does not automatically prevent a landlord from serving a Section 8 notice (unlike the old Section 21 regime where it was a pre-condition). However, it is a criminal offence and may be raised by the tenant as a defence or counterclaim. We always recommend ensuring full compliance before serving any possession notice.
What is an EICR and when is it required?
An Electrical Installation Condition Report (EICR) is a report produced by a qualified electrician assessing the safety of the electrical installation in a property. Since 1 April 2021, landlords in England must have an EICR carried out at least every 5 years and provide a copy to tenants. A new EICR must be provided to new tenants before they move in. Failure to comply can result in a civil penalty of up to £30,000.
Are smoke alarms and carbon monoxide alarms a legal requirement?
Yes. Since October 2022, landlords in England must install a smoke alarm on every floor of the property and a carbon monoxide alarm in any room with a fixed combustion appliance (including gas boilers). Alarms must be in working order at the start of each new tenancy. Local authorities can issue a remedial notice and carry out works at the landlord's expense if they fail to comply.
Get Advice
Speak to a Landlord Solicitor
Whether you need a pre-notice compliance review, advice on a specific compliance obligation, or help dealing with a tenant who has raised a compliance issue as a defence, our landlord solicitors can help.