Gas safety and Section 8

Missing the gas safety record can void your claim.

Under the Gas Safety (Installation and Use) Regulations 1998, landlords with gas appliances at the property must have an annual Gas Safety Record (CP12) and provide a copy to the tenant within 28 days of inspection. New tenants must receive it before moving in.

Failure to comply blocks Section 21 (now abolished anyway) and the courts have applied similar reasoning to mandatory grounds under Section 8 where the tenant raises it as a defence.

What you need

Current GSC (less than 12 months old). Proof you gave a copy to the tenant — signed receipt, email, photograph of the document handed over. Records going back as far as the tenancy began.

If you missed a renewal

Get the inspection done immediately. The new certificate covers you going forward. The tenant may still raise the historical gap as a defence; courts vary on how strict they are when the landlord has remedied the position before the hearing.

If you cannot find old records

Ask the gas engineer who did the inspections. Most retain records for 6 years and can re-issue copies. Get them on letterhead with date of inspection.

Bring this to court

Current GSC. The receipt from the tenant or email trail showing you provided it. Don't bring just the GSC — courts want evidence the tenant received it.

Source: gov.uk Guide to the Renters' Rights Act 2025. Last verified 2026-05-09. This page is informational, not legal advice. For complex disputes, consult a solicitor.