Tenant Refusing a Gas Safety Check? Landlord Steps

The duty remains, but landlords must not force entry

Landlords must arrange annual safety checks for relevant gas appliances and flues they provide for tenants, using a Gas Safe registered engineer. The tenancy agreement should allow access for maintenance and safety checks. However, HSE is explicit that a landlord must not use force to enter the property.

Where a tenant does not provide access, the landlord needs to show that all reasonable steps were taken to comply. There is no automatic number of calls or letters that guarantees this test is met. HSE says inspectors will look for repeated attempts, and whether the approach was reasonable ultimately depends on the individual circumstances.

Start the access process early

Do not wait until the final days of the existing record. The 2018 amendments allow an annual check to be completed in the two months before the deadline while retaining the original deadline date, provided the regulatory conditions are followed. This gives landlords a practical window for arranging access without shortening the normal cycle.

Use the current certificate or safety record to create reminders well in advance. Confirm the tenant's contact details, explain the anticipated length of the visit and offer reasonable appointment choices. If a managing agent is arranging the check, the management agreement should clearly allocate responsibility and both landlord and agent should be able to see the access record.

• Record the existing check date and regulatory deadline
• Begin contact within the early-check window rather than at expiry
• Offer more than one reasonable appointment where possible
• State who will attend and that the engineer is Gas Safe registered
• Keep landlord and agent records aligned

Create a clear evidence trail

HSE recommends leaving a notice after an unsuccessful attendance, stating that an attempt was made and giving contact details. It also recommends writing to the tenant to explain that the safety check is a legal requirement and is intended for their safety, while giving them an opportunity to arrange a suitable appointment.

Keep copies of letters, emails, text messages, appointment confirmations, call notes, engineer attendance records and notices. Date each contact and record the response or absence of one. Communications should be factual and courteous; threatening or misleading language can make cooperation harder and does not strengthen the technical evidence.

• First request with a choice of appointments
• Written reminder explaining the safety purpose
• Confirmation of the agreed date and access arrangements
• Engineer no-access note or attendance record
• Notice left at the property with reliable contact details
• Further written attempts and any tenant responses

Respond to the reason access is being refused

Reasonable steps should fit the circumstances. A tenant may be worried about identity, unable to take time off work, need an interpreter, have a disability or safeguarding concern, or believe the appointment relates to a different repair. Explain the check clearly, identify the engineer, and consider reasonable alternatives such as a different time, an authorised representative or agreed key access.

Do not ask the tenant to arrange the statutory check entirely at their own cost or attempt to transfer the landlord's duty through the tenancy. If the tenant reports a fault or gas-safety concern, treat that information separately and urgently rather than allowing the annual-access dispute to delay appropriate action.

If refusal continues, use the proper legal route

HSE's landlord guidance says repeated refusal may require proper action through the courts under the terms of the tenancy. The Gas Safety (Installation and Use) Regulations themselves do not provide a power of forced entry. Before escalating, obtain housing-law advice on the tenancy, notices, access rights and the proportionate route for the specific case.

Continue preserving evidence and offering access while advice is obtained. Do not change locks, enter without lawful authority or describe an appointment as an emergency merely to bypass consent. In a genuine suspected gas emergency, follow emergency guidance and contact the National Gas Emergency Service on 0800 111 999.

Complete the record properly once access is obtained

After access, the Gas Safe registered engineer should complete the check and issue the landlord gas safety record. The landlord must keep the record for the required period, provide a copy to an existing tenant within 28 days and give a current copy to a new tenant before occupation. HSE currently states that records should be retained for two years.

Review any defects and arrange necessary work through a Gas Safe registered engineer before unsafe equipment is used again. Keep the completed record beside the access chronology; together they show both the effort to secure the appointment and the eventual outcome. CertifyEPC can arrange a London landlord gas safety visit and provide the completed digital record through the customer case.