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.

Highlights:

[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

Quote:

“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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Useful links

https://www.landlordlawblog.co.uk/2020/06/18/failing-serve-gas-safety-certificate-tenants-move-fatal-s21-claims-says-court-appeal/#:~:text=In%20Trecarrell%20House%20Ltd%20v%20Rouncefield%20the%20Court,remedies%20that%20omission%20before%20service%20of%20the%20notice.     https://www.landlordtoday.co.uk/breaking-news/2020/6/lawyer-to-host-a-masterclass-on-possession-claims-following-yesterdays-case-ruling .   https://www.dailymail.co.uk/femail/article-8158215/From-McJob-McMillionaire.html https://www.amazon.co.uk/Strategies-Investment-Success-Practical-Portfolio/dp/1547266996  https://www.landmarkchambers.co.uk/trecarrell-house-ltd-v-rouncefield-2020-ewca-civ/  https://casetracker.justice.gov.uk/getDetail.do?case_id=20190499 http://www.zimachievers.com/uk/meet-our-2018-female-entrepreneur-nominees/ 

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