Good news for landlords on Gas Safety Certificates!
c.jermyn • June 19, 2020
The long awaited Court of Appeal Judgment on Trecarrell House Limited v Patricia Rouncefield brings good news for Landlords
Finally some goods news has been delivered to landlords by the courts.
The Court of Appeal has sided with landlords and, with a 2 to 3 majority, ruled that the landlord who served a gas safety certificate after the tenant took occupation of the property was not precluded from serving a valid section 21 notice to obtain possession.
The key point to note is that a valid gas safety certificate must have been issued
before the tenancy began and the gas safety certificate must have been served
before the section 21 notice was served.
We have however, worked with numerous landlords and agents who have carried out the gas safety checks and obtained a certificate but are unable to prove that the gas safety certificate was served
on the tenant before occupation of the property, leaving them unable to gain possession of their property without instead having to prove grounds set out on Schedule 2 of the Housing Act 1988, such as non payment of rent.
The requirements of the Gas Safety (Installation and Use) Regulations 1998 remain of the utmost importance, but we are now in a position where a well intending landlord is not prevented from gaining possession of their property due to an administrative error or lack of solid evidence in respect of administrative processes.
The judgment comes as welcome news and peace of mind for landlords.
Contact Us
News & Insights
Woodstock Legal Services wins the Business Growth Award at the Modern Law Awards 2026, recognising sustainable growth and legal excellence across the UK.
Buyers should arrange independent gas and electrical inspections before exchange to reduce risk, ensure safety, and avoid costly issues after completion.
UK landlords in 2026: understand rights, responsibilities and legal obligations under the Renters’ Rights Act. Stay compliant and avoid costly risks.
Employment offer letters can be legally binding contracts. Learn the risks for UK employers and how to avoid costly breaches of contract claims.
Defamation in the digital age: can a viral nickname damage your reputation? Explore the Afroman case and what UK law says about online claims.
Compare auction vs private property sales in the UK. Learn important legal differences, risks, timelines, and how conveyancers guide buyers and sellers.
Woodstock Legal Services shortlisted at the Central South Business Awards, recognising the firm’s professional services, strong team culture and modern legal model.
Learn what a transfer of equity is, when you need one, the legal process, costs, and risks in this complete UK property guide.
Woodstock Legal Services shortlisted for Business Growth at the Modern Law Awards as three consultants also earn individual Consultant of the Year recognition.