All Fired Up - The rules regarding gas safety certificates and section 21 notices
a.giblett • June 3, 2020
Alex Giblett discusses the strict requirements regarding gas safety certificates and serving a valid section 21 notice.
In recent years, the requirements to serve a valid section 21 notice have become much stricter.
The Deregulation Act 2015 required landlords of all new tenancies created after 1 October 2015 and all existing tenancy agreements from 1 October 2018 to have served a gas safety certificate on the tenant(s) prior to the commencement of the original or renewal tenancy agreement. Additionally, landlords must have served a valid energy performance certificate ('EPC') on the tenant(s) prior to serving the section 21 notice. Therefore, to be able to serve a valid section 21 notice and commence possession proceedings, landlords must comply with both of the above mentioned requirements.
Woodstock Property Law has for some time been advising landlords of the risk of failing to obtain possession where they are unable to evidence that all required gas safety certificates have been completed and served during the tenancy.
The Government has recently introduced a new claim form to commence accelerated possession proceedings. This new claim form now requires landlords to not only confirm when the first gas safety certificate was served, but to confirm when every certificate was served on the tenant. It also requires landlords to provide a copy of every gas safety certificate and EPC served on the tenants.
In light of the above requirements, Woodstock Property Law continues to ensure that each gas safety certificate and EPC is thoroughly reviewed before proceedings are commenced. This is to protect the landlord's position and to minimise the risk of any potential delays and issues when possession proceedings are issued.
If you require further tailored advice with regards to serving a section 21 notice or commencing possession proceedings following service of a section 21 notice, please contact Woodstock Property Law and we will be happy to help.
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