Compliance

The Renters' Rights Act and gas safety: what changes, and what the penalties are now

By Jordan Valentine-Dunn, Gas Safe registered engineer · 9 July 2026 · Updated 6 September 2026

The Renters' Rights Act does not change your gas safety duties; they still come from the Gas Safety (Installation and Use) Regulations 1998. What changes is the context around them. From 1 May 2026, Section 21 no-fault evictions are gone, and the Act brings civil penalties of up to £7,000, and up to £40,000 or prosecution for serious or repeated breaches, for its own new duties such as registering on the Private Rented Sector Database. Those figures are widely misquoted as gas safety fines. They are not: the gas check stays a criminal matter for the HSE.

A shield with a brass tick, representing tenant protections and gas safety under the Renters' Rights Act

What has the Renters' Rights Act changed so far?

The Act received Royal Assent in October 2025, and the first phase took effect on 1 May 2026: Section 21 is abolished, tenancies are periodic rather than fixed-term assured shorthold, there's an annual cap on rent increases, and rental bidding is banned. The government's roadmap then splits what's left across two more phases: the Private Rented Sector Database rolls out from late 2026, mandatory sign-up to a landlord ombudsman is expected in 2028, and the extension of Awaab's Law and a Decent Homes Standard to private rentals sits in a third phase with no date set. So the Act is not one change on one date; it lands in layers, and the compliance-heavy layers are still coming.

Do gas safety rules change under the Renters' Rights Act?

No, and that is the reassuring part. The annual gas safety check, the tenant's copy, the two-year record-keeping, all still come from the Gas Safety (Installation and Use) Regulations 1998, enforced by the HSE, exactly as before. You don't need to learn a new set of gas rules. What the Act changes is the context around them: who can investigate, how much a breach can cost, and how visible your compliance record becomes.

What are the penalties for gas safety failures now?

Two separate things, and they get muddled. The penalty for a gas safety failure is what it has always been: a breach of the 1998 regulations is a criminal offence the HSE can prosecute, with an unlimited fine and, in serious cases, imprisonment. The Renters' Rights Act's civil penalties, up to £7,000 for an initial breach and up to £40,000 or criminal prosecution for continuing or repeated ones, are council fines for breaching the Act's own duties: letting without registering on the Private Rented Sector Database, failing to join the ombudsman, the Decent Homes Standard, and rental discrimination or bidding. GOV.UK's guide to the Act does not mention gas safety at all. The connection that matters is indirect. An out-of-date record is a breach whether you forgot or ignored it, the database is expected to hold safety information, and possession now runs on evidenced grounds, so a missed renewal that would once have been an awkward scramble is now a visible mark on a compliance history that councils, tenants' advisers and the courts can all see.

What does losing Section 21 mean for compliance?

With Section 21 gone, you can no longer rely on a no-fault route out of a difficult tenancy. Every possession case now runs on grounds you have to evidence, so your own conduct as a landlord gets examined, and safety obligations are the obvious place a tenant's adviser will look first. Keeping every gas record current, delivered and provable is no longer just about avoiding a fine. It's part of keeping your position clean if a tenancy ever turns into a dispute.

What is the Private Rented Sector Database?

A mandatory register of landlords and properties, rolling out from late 2026, that will hold safety information alongside the basics. The government's roadmap says registration will be compulsory for every private landlord, will carry an annual fee set nearer launch, and will require at minimum each property's address and details plus its gas, electrical and energy performance certificates. The regulations that pin down the exact fields haven't been made yet, so there is nothing to file today. The practical read: if your gas records are already digital, dated and findable, whatever the database ends up requiring will be an afternoon's job. If they're spread across a drawer, a glovebox and an old email account, it won't be, and the deadline for sorting that is now a real one rather than a someday.

What should landlords do now?

Check every renewal date

Look at the next-due date for each property, not the date of the last check. Anything due in the next couple of months, book it now, while the diary is on your side.

Get tenant copies out, with proof

Existing tenants are owed a copy of the record within 28 days of each check, and a new tenant must have it before they move in. Keep evidence that it was delivered, not just that the check happened.

Put records where you can produce them

You must keep gas safety records for at least two years. Store them so you can pull any record in seconds; that's what a penalty notice or a possession hearing will test.

Watch the database phase, don't guess it

No uploading duty exists yet. Skip anyone selling certainty about what the database will require, and check gov.uk when the regulations actually land.

This is general guidance, not legal advice, and parts of the Act are still being brought in. The penalty figures and dates are the government's as published; check gov.uk for the current position. The gas safety check itself must still be carried out by a Gas Safe registered engineer, who is the only person who can issue a valid record.

Frequently asked

Is the Renters' Rights Act now law?

Yes. It received Royal Assent in October 2025, and its first phase took effect on 1 May 2026, abolishing Section 21 and making assured tenancies periodic. Later phases, including the Private Rented Sector Database and a landlord ombudsman, are expected from late 2026.

Do gas safety rules change under the Renters' Rights Act?

No. Gas safety duties still come from the Gas Safety (Installation and Use) Regulations 1998, enforced by the HSE. The Act layers new enforcement and possession rules on top, but doesn't rewrite the gas rules themselves.

What are the penalties under the Renters' Rights Act?

The government states civil penalties of up to £7,000 for an initial breach and up to £40,000, or criminal prosecution, for continuing or repeated breaches of the Act's own duties, such as letting without registering on the Private Rented Sector Database. Those are not gas safety fines. A lapsed gas safety record remains a criminal offence under the 1998 regulations, enforced by the HSE, whether the lapse was deliberate or an oversight.

Do landlords have to upload gas certificates to a database?

Not yet. A Private Rented Sector Database is coming (expected from late 2026), and gas safety information is expected to feature, but exactly what must be uploaded will be set out in regulations that aren't made yet. Keep records tidy now so the duty is easy when it arrives.

Does the Renters' Rights Act apply to existing tenancies?

Yes. From 1 May 2026 assured tenancies became periodic rather than fixed-term assured shorthold, existing ones included. Gas safety duties already applied to every tenancy and continue unchanged.

Will I have to upload my gas safety certificate to the landlord database?

The government's roadmap says the Private Rented Sector Database will require safety information for each property, naming gas, electrical and energy performance certificates, with registration mandatory and rollout starting from late 2026. The regulations setting out the exact fields and format have not been made yet, so keep your records current and findable rather than trying to pre-empt the form.

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