Gas Safety Certificates: Why the Paperwork Can Make or Break Your Possession Case
A Gas Safety Certificate isn’t just about the actual inspection - it’s the paperwork that proves it happened. Courts have dismissed possession claims over incomplete or unsigned forms. Here’s why every box, signature, and detail on your Gas Safety Certificate matters, and how to make sure your records hold up in court.
In England, a landlord’s possession notice can fall at the first hurdle if the gas safety record isn’t completed precisely as the law requires, even if the property is perfectly safe.
Recent county-court decisions show that missing boxes, absent signatures, or the wrong details on the certificate have been enough to throw out possession proceedings. Here’s what must be on the form, the most common pitfalls, and how Derby landlords can protect themselves.
The quick take for busy landlords
⚠️ The gas safety record is a prescribed requirement under section 21A Housing Act 1988. If it’s incomplete, a Section 21 can be invalid.
⚠️ Courts have dismissed possession claims for one missing field (e.g., landlord name/address) or no engineer signature.
⚠️ If a relevant check was carried out (e.g., during a new boiler install) and no record was provided to the tenant, Section 21 has been found invalid.
⚠️ Late service of a valid certificate can sometimes be cured before serving a Section 21 (Trecarrell House v Rouncefield), but it won’t save you if the record itself is defective.
Why the paperwork matters more than you think
The law doesn’t just require you to do the annual gas safety check, it requires you to make and give a compliant record of that check to the tenant. Regulation 36(3)(c) of the Gas Safety (Installation and Use) Regulations 1998 sets out exactly what must be recorded, including the landlord (or agent) name and address and the name and signature of the engineer. Miss any of these and you may fail the prescribed requirements, making a possession notice invalid.
What the record must include
✅ A valid record must show, at minimum:
✅ Date of the check
✅ Property address - including postcode
✅ Landlord/agent name and address - including postcode
✅ Description & location of each appliance/flue checked
✅ Defects found and remedial action taken
✅ Confirmation the check covered reg. 26(9) matters
✅ Engineer’s name, registration number, and signature
✅ Engineer/Gas Safe registration number
The 9 most common certificate mistakes we see
❌ No landlord/agent name & address on the record.
❌ No engineer signature (relying on a printed name without evidence of authentication).
❌ Missing engineer Gas Safe number or mismatch with the business.
❌ Appliances checked but not described clearly or wrong location noted.
❌ Defects identified but no remedial action recorded.
❌ Dates beyond 12 months between checks (record shows non-compliance).
❌ Tenant not given the record “promptly” after the check or at move-in.
❌ Using a template that doesn’t capture all reg. 36(3)(c) fields. HSE+1
The Cope & Co. Playbook: how to bullet-proof your gas paperwork
Before the check
Brief the engineer in writing: “Please ensure the GSR includes all fields required by GSIUR reg. 36(3)(c), including landlord/agent name and address, and the engineer’s signature.”
Confirm the engineer’s Gas Safe registration and that they will sign (wet or legitimate electronic signature that clearly authenticates).
On the day
Provide the correct landlord/agent details to insert on the record.
Ask for clear appliance descriptions/locations and ensure defects/remedies are recorded.
Immediately after
Check the record line-by-line against the checklist below.
Serve the record promptly to the tenant (keep proof of service). HSE
File securely (keep historic records — HSE says retain at least two years; practically, keep the full audit trail for the tenancy). HSE
FAQs landlords ask us
Does a printed engineer name count as a signature?
Not by itself. Courts have looked for authentication, not mere identification. If there’s no clear signature (wet or verifiable e-signature), you risk invalidity.
My engineer left the landlord details blank - can I fix it later?
You can (and should) obtain a corrected record, but where a court finds you didn’t have a compliant record when required, your Section 21 may be invalid. Don’t serve notice until the paperwork is right.
We installed a new boiler; do we need a GSC before the 12-month anniversary?
If relevant checks were done (e.g., commissioning/safety checks), a record should be created and given to the tenant promptly - failing to do so has led to Section 21 being thrown out.
If I forgot to give the GSC before move-in, am I barred forever?
Not always. Trecarrell allows late service of a valid certificate before serving Section 21 - but it doesn’t cure a defective certificate.
How Cope & Co. protects you
If that all sounds a little too much to get your head around, give us a call and we can sort out your Gas Safety Certificate for you ensuring it is compliant with the necessary requirements!
At Cope & Co., we brief our Gas Safe engineers with our compliance template, verify signatures and Gas Safe IDs, and serve/record delivery to tenants. That’s how we keep Derby landlords safely on the right side of the line.
Thinking of serving notice? Book a free paperwork pre-check with our team first.
