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.
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