What to Do If Your Gas Safety Certificate Has Lapsed

A lapsed gas safety certificate requires prompt action. This guide details the practical steps you must take to arrange a new inspection and manage the situation with your tenants.
Recognising the Situation
Discovering that your Gas Safety Certificate, known as a CP12, has lapsed can be concerning. The first step is to remain calm and approach the situation methodically. An expired certificate means you are currently not compliant with the law, which requires an annual gas safety check on all relevant appliances and flues. The priority is to rectify this as quickly and safely as possible.
Do not ignore the expiry date or delay taking action. The legal responsibility for ensuring gas safety rests entirely with you as the landlord. Proceeding correctly now protects your tenants and your property, and helps to limit any potential liability.
Your Immediate Action Plan
Your first and most critical task is to book a new gas safety inspection with a Gas Safe registered engineer. Do this immediately upon realising the certificate has expired. When contacting engineers, be clear that you need a full landlord gas safety check to issue a new CP12 certificate.
While you arrange the inspection, you should inform your tenants in writing that the annual check is overdue and that you have scheduled an appointment. Provide them with the date and time, and request their cooperation for access. It is their legal right to be informed, and transparent communication is key to maintaining a good relationship during this process.
Communicating with Your Tenants
Open and clear communication is essential when your certificate has lapsed. You should write to your tenants to explain the situation. State that the previous certificate has expired, confirm that you have booked a new inspection, and provide the details of the appointment.
Reassure your tenants that all gas appliances were safe at the last inspection and that you are taking swift action. Encourage them to report any concerns about gas appliances immediately. If a tenant refuses access for the inspection, you must demonstrate you have taken all reasonable steps to gain entry. Keep detailed records of all your communication attempts.
During the Inspection Appointment
Ensure the engineer you have booked is on the Gas Safe Register and qualified to work on the specific appliances in your property. On the day of the inspection, make sure the tenant provides access and that all appliances and flues are available for testing.
The engineer will conduct a thorough examination of all gas appliances and flues listed on the previous certificate. If everything is in safe working order, they will issue a new CP12 certificate on the spot. You will receive a copy, and you must provide a copy to your current tenants within 28 days.
If an Appliance Fails the Check
In some cases, an appliance may be identified as unsafe during the inspection. The engineer will classify it as 'Immediately Dangerous' or 'At Risk'. They will likely disconnect the appliance and advise that it must not be used until repairs are carried out.
You must act on this advice without delay. The engineer may be able to carry out the necessary repair there and then, or you may need to arrange a separate visit. A new safety certificate cannot be issued until all listed appliances are deemed safe. Keep your tenants fully informed throughout any repair process.
Restoring and Maintaining Compliance
Once you receive the new CP12 certificate, provide a copy to your tenants as required by law. File your copy securely and note the expiry date prominently in your diary or management system. This lapse serves as a reminder to implement a robust reminder system for the future.
Consider setting calendar reminders two months before the next expiry date to begin arranging the subsequent inspection. This proactive approach prevents future lapses and ensures continuous compliance, giving you and your tenants ongoing peace of mind regarding gas safety.
Frequently asked questions
Is it illegal to have a tenant in a property with an expired gas certificate?
Yes, it is a legal breach. The Gas Safety (Installation and Use) Regulations require a valid certificate at all times during a tenancy. You must have a current certificate for the property, and providing a copy to tenants is a separate legal duty. Operating without one can lead to significant penalties.
What happens if my tenant refuses access for the gas safety check?
You must take all reasonable steps to gain access. Document every attempt to contact the tenant and propose alternative appointment times. If access is persistently refused, you may need to seek a court injunction. Keeping detailed records is crucial to demonstrate you have fulfilled your legal obligations.
Can I get a new certificate backdated to cover the lapse period?
No, a Gas Safety Certificate cannot be backdated. It is only valid from the date of the inspection. The new certificate will show the date it was issued, and there will be a recorded gap in compliance. The priority is to get the inspection done now to restore your legal standing.