Penalties for Missing Gas or Electrical Checks in Scotland

What safety checks must landlords do?

Landlords in Scotland must arrange and keep records of required gas and electrical safety checks so homes remain safe to live in. Annual gas safety checks must be carried out by a Gas Safe registered engineer and recorded; electrical installations should be inspected and an EICR provided at the intervals required by current guidance, and landlords must comply with the Private Housing (Tenancies) (Scotland) Act 2016 when responding to safety issues.^[1][2]

• Have a gas safety check carried out annually by a Gas Safe registered engineer and keep the record.
• Arrange an electrical inspection within the recommended interval and obtain an Electrical Installation Condition Report (EICR).
• Keep written records and copies of certificates and present them when requested by a tenant.
• Give reasonable notice before arranging access for checks or repairs, following any notice rules in your tenancy agreement.

Penalties and enforcement

If checks are missed, landlords can face a range of consequences depending on the breach and enforcement route. Local authorities have powers to impose penalties or require works, and the First-tier Tribunal (Housing and Property Chamber) can make orders and award compensation when standards are not met.^[3]

• Payment of penalties or fines imposed by local authorities for breaches of safety regulations.
• Mandatory orders to carry out repairs or remedial work to make a property safe.
• Hearing decisions from the First-tier Tribunal ordering compliance, repairs or compensation.
• Criminal prosecution or statutory sanction in serious gas-safety breaches that endanger tenants.

What tenants can do if checks are missed

If your landlord misses required checks, follow these practical steps: request certificates in writing, keep copies of all communications and evidence, and use official complaint or tribunal routes if the landlord does not act.

• Send a written request to your landlord asking for the gas safety record or EICR and set a reasonable deadline.
• Contact your local authority or environmental health to report an immediate risk or unsafe condition.
• Apply to the First-tier Tribunal (Housing and Property Chamber) if the landlord fails to comply with repair or safety obligations.
• Keep dated photos, messages and diary notes as evidence to support any complaint or tribunal application.

FAQ

Can a landlord be fined for missing gas or electrical checks?

Yes. Landlords can face fines, enforcement orders and tribunal sanctions if they fail to carry out required gas or electrical safety checks.

What form shows a gas safety inspection has been done?

The gas safety inspection result is normally recorded on a Gas Safety Record provided by a Gas Safe registered engineer; tenants can ask for a copy.

Where can I apply if my landlord won’t fix safety issues?

You can report urgent hazards to your local authority and apply to the First-tier Tribunal (Housing and Property Chamber) to enforce repairs or seek compensation.

How-To

1. Collect evidence: save messages, take dated photos of faults and keep any receipts or certificates you already hold.
2. Write to your landlord: explain the problem, request the missing gas safety record or EICR, and set a clear reasonable deadline for a response.
3. Apply to the First-tier Tribunal (Housing and Property Chamber) or report the issue to your local authority if the landlord does not act.
4. Attend any hearing or inspection with your evidence and copies of communications to support your case.

Help and Support / Resources

• Contact the First-tier Tribunal (Housing and Property Chamber)
• Contact GOV.UK: Gas safety: landlords
• Contact the Scottish Government housing pages

1. [1] Gas safety: landlords - GOV.UK
2. [2] Private Housing (Tenancies) (Scotland) Act 2016 - legislation.gov.uk
3. [3] First-tier Tribunal for Scotland (Housing and Property Chamber)