In Trecarrell House Ltd v Rouncefield the Court of Appeal held that the failure to provide a gas safety certificate prior to a tenants occupation does not prevent a landlord serving a s21 notice as long as the relevant certificate has been given before service of the notice.
The long-awaited Court of Appeal decision on gas safety certification was finally handed down just a few days ago. This case provides a Fantastic outcome for landlords.
The position commonly held, per the Caridon case, was that a failure to provide an incoming tenant with a Gas Safety Record before occupation commenced would – forevermore – render the landlord in breach of a prescribed requirement and unable to serve a s21 notice.
The primary question before the Court of Appeal was whether a landlord’s failure to provide a gas safety record (“GSR”) prior to a tenant commencing occupation of the property meant that a landlord would never be allowed to serve a section 21 notice ever again on that tenancy.
Put simply, this would mean a tenancy that was created as an assured shorthold tenancy would automatically become a full-blown assured tenancy where the only means of eviction would be on fault grounds per scheduled to author Housing Act 1988.
[03:19] Proper requirements to give a tenant
[06:23] The housing act 1988
[10:39] Importance of safety certificate in a prominent position in the premises
[15:39] What you should know about Section 21 notice
[19:30] Overview of landlord’s obligations
“If a tenant were to die at one of your properties and as a direct result of your non-compliance with the gas safety regulations, you could actually be charged for manslaughter. You could also be charged for quite a few other criminal offences.”
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