Under regulation 36 of the Gas Safety (Installation and Use) Regulations 1998, which extends to England, Wales and Scotland, the person who owes the landlord’s gas safety duties is the one entitled to the reversion or licensor interest in a home let for residential use under a lease of under 7 years, a periodic tenancy or a licence. A lease of 7 years or more, including many shared ownership leases, generally falls outside them.

Who the regulation treats as the landlord

Regulation 36(1) defines “landlord” by reference to the type of occupation. In England and Wales, where premises are occupied under a lease, the landlord is the person entitled to the reversion expectant on that lease, or who would be entitled to possession apart from any statutory tenancy. Where the premises are occupied under a licence, the landlord is the licensor, unless the licensor is itself a tenant of the premises, in which case it is the person who holds the reversion. In Scotland the landlord is the person entitled to the landlord’s interest under a lease. The regulations do not extend to Northern Ireland, which has its own gas legislation, covered in our guide to boiler work in Northern Ireland.

What counts as a lease

The regulation gives “lease” a specific meaning. It includes a lease for a term of less than 7 years, a tenancy for a periodic term and any statutory tenancy arising out of either. Several rules decide whether a lease is under 7 years. In England and Wales any part of the term before the grant is ignored. A lease that the lessor can end before 7 years have passed is treated as a lease under 7 years, but a lease is not treated as under 7 years if it gives the lessee an option to renew that brings the total term to 7 years or more. A mortgage term is not a “lease” for these purposes.

Licences and other occupation for money

“Relevant premises” are premises, or any part of premises, occupied whether exclusively or not for residential purposes, in consideration of money or money’s worth, under a lease or a licence. That wording matters for arrangements that are not a conventional tenancy, such as a room occupied under a licence agreement, because the licensor takes the landlord’s duties. Which arrangement actually applies in a given case depends on the agreement and the circumstances, and a landlord unsure of the position should take advice rather than assume the rules do not apply.

Which gas fittings are covered

A “relevant gas fitting” is any gas appliance or installation pipework installed in the relevant premises, other than an appliance the tenant is entitled to remove. It also covers an appliance or pipework that serves the premises and is installed in part of a building in which the landlord has an interest, or is owned by or under the control of the landlord. Fittings used exclusively in a part of the building occupied for non-residential purposes are excluded. A gas central heating boiler counts as a gas water heater under the definitions in regulation 2, so a landlord-owned boiler and its flue fall within the duty.

Long leases and shared ownership

The Health and Safety Executive’s frequently asked questions address shared ownership directly. If a shared owner’s lease is for longer than 7 years, the housing company does not have landlord’s duties under the regulations and the shared owner has the same responsibilities as a homeowner. Where the lease is shorter than 7 years, the housing company is classified as a landlord. The HSE adds that the contract between the two should clearly state who is responsible for domestic gas safety, which is why the lease terms are worth reading before assuming who arranges the annual check.

What the landlord must do

Where regulation 36 applies, the landlord must keep relevant gas fittings and flues in a safe condition. Each appliance and flue must be checked for safety within 12 months of installation and at intervals of not more than 12 months, by or through a member of a class of persons approved by the HSE, a record must be kept, and a copy must be given to each existing tenant within 28 days of the check and to a new tenant before they move in. Nothing the tenant does about maintenance counts towards the landlord’s duty, except for allowing access. The detail of certificates and timings is set out in our guide to landlord gas safety certificates, and repair responsibilities are covered in boiler problems in a rented home.

FAQs

Does a tenant’s own gas cooker count?

Regulation 36 excludes an appliance that the tenant is entitled to remove from the relevant premises, so a tenant-owned appliance is not a “relevant gas fitting”.

Are landlords in Scotland covered?

Yes. Regulation 36 extends to Scotland, where the landlord is defined as the person entitled to the landlord’s interest under a lease.

Is a 10-year lease covered?

Generally not, because the definition of lease covers terms of less than 7 years and periodic tenancies. The rules on options to renew, early termination rights and the grant date can affect the calculation.

Who is responsible in a shared ownership home?

The HSE says that if the lease is for more than 7 years the shared owner has the same responsibilities as a homeowner, and that the contract should state who is responsible.

The bottom line

Regulation 36 places gas safety duties on the person who lets residential premises under a lease of under 7 years, a periodic tenancy or a licence, covering landlord-supplied appliances, pipework and flues. Long leases, including many shared ownership arrangements, generally sit outside it, though the contract should state who is responsible. This is general information, not legal advice on a specific tenancy or lease.

Sources

This guide draws on the following primary sources, current as of 24 September 2026:

• legislation.gov.uk, “The Gas Safety (Installation and Use) Regulations 1998, regulation 36: Duties of landlords”
• legislation.gov.uk, “The Gas Safety (Installation and Use) Regulations 1998, regulation 2: Interpretation”
• Health and Safety Executive, “Domestic gas: frequently asked questions”

Related guides

Best Boiler Deals is an independent guide. We may earn a fee from some links; this never affects what we write. This article is general information, not regulated advice on any specific installation — always confirm the details with a Gas Safe registered engineer.