Gas Certificates and Section 21

Gas Certificates and Section 21 🏠

There are so many ways for a Section 21 notice to be invalid, such as failing to protect a deposit in a government-approved scheme (for Assured Shorthold Tenancies) or not providing the required information regarding a deposit that has been paid into such a scheme.  If you are interested in reading about Tenancy Deposit schemes, check out this blog

But what about gas certificates? What happens if a landlord doesn’t provide a gas certificate before the tenant moves in? Can that omission invalidate a Section 21 notice? 🤔

Let’s consider the recent case law on this issue. The question of whether failing to give a gas safety certificate before the tenancy begins could render a Section 21 notice invalid has been the subject of considerable legal debate.

In the case of Caridon Property Ltd v. Shooltz (2018), the court ruled that if a landlord does not provide the Gas Safety Certificate before the tenant moves in, they could never serve a valid Section 21 notice. This decision was a significant concern for landlords because it suggested that a failure to provide the certificate at the outset could permanently prevent them from using a Section 21 notice to regain possession of their property, even if the certificate was provided later.

However, a few years later, the Court of Appeal addressed this issue in Trecarrell House Limited v. Rouncefield [2020] EWCA Civ 760. In this case, the court concluded that if a landlord fails to provide the Gas Safety Certificate before the tenant moves in, they can still serve a valid Section 21 notice later on, provided the certificate is given to the tenant before the notice is served. The court’s majority opinion was that this failure is a breach that can be remedied, allowing the landlord to regain the right to serve a Section 21 notice.

This decision was not without controversy, as there was a dissenting opinion in the Court of Appeal arguing that the law should impose stricter consequences on landlords for such failures. However, the majority view prevailed, meaning that landlords who miss the initial deadline for providing the Gas Safety Certificate are not automatically barred from serving a Section 21 notice, provided they rectify the situation before the notice is issued.

In summary, while it’s essential for landlords to comply with gas safety regulations from the outset, the Trecarrell decision provides some leeway, allowing landlords to correct their mistakes and still serve a Section 21 notice, provided they act before issuing the notice

TLDR:

Forgot to give your tenant a gas safety certificate before they moved in? No worries, the court says you can still kick them out later—just make sure you hand over that certificate before serving the Section 21 notice. Problem solved!  (for now...)

Disclaimer: I am not a solicitor, and the information provided in this blog is for general informational purposes only. It is not intended to be legal advice. For specific legal advice tailored to your situation, please consult a qualified solicitor.