Can you smell Gas? No Certificate, no possession!
p.hebberd • March 22, 2019
No certificate, no possession!
It has been over a year since Caridon Property Ltd v Monty Shooltz. The Judge held that where the landlord had failed to provide a Gas Safety Certificate to the tenant prior to occupation of the property, no s21 Notice could be validly served. This appears to relate to tenancies granted on or after 1st October 2015, including renewals.
Unluckily for one landlord, the Judge at Exeter County Court was fully aware of the case. On 13th February 2019, no Gas Safety Certificate was provided to the tenant before move in or displayed in the property - so guess what…..the section 21 claim for possession failed!
The appeal Judge’s reasoning was that gas can be very dangerous and it is crucial that before a tenant occupies the property they can satisfy themselves that the property is safe. The Judge also felt that the Gas Regulations have not been changed since the Caridon case (and incidentally no sign that they will any time soon) so the government must be happy with the Caridon outcome…although I personally feel they have other matters on their minds!
Whilst these cases are not binding, that does not seem to matter as they are clearly very persuasive with Caridon being followed by Judges across the country.
The purpose of the law is to add teeth so that Landlords’ take essential safety of their tenants seriously. I am not convinced that the purpose of this legislation is to arrive at the result of what seems to be an Assured tenancy, where the Landlord can only rely on a section 8 notice to obtain possession - although that is exactly what seems to have happened.
Here at Woodstock, along with counsel’s help, we have worked on a line of argument and tactics that may help a landlord stuck in this position. Whilst it is untested, we think it has bite. Should you be met with the above situation, please get in touch with and certainly before serving a section 21 notice and we will be happy to help.
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