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Gas Safety and Evictions: An Update

Posted on 21 July 2020 by Sasha Loveridge

Gas Safety and Evictions: An Update

Landlords will be pleased to know that failure to serve a gas safety certificate at the beginning of the tenancy no longer prevents them from being able to serve a section 21 notice.

The decision of Caridon Property Limited v Shooltz (2018) (“Caridon”) held that a landlord could not serve a Section 21 Notice if a copy of the latest gas certificate had not been provided to the tenant before they took up occupation of the property. This meant that many landlord found themselves unable to evict their tenants unless they could establish the tenant had breached a term of the tenancy for example, non-payment of rent.

In Trecarrell House Limited v Rouncefiled [2020] EWCA Civ 760, the situation was addressed by the Court of Appeal and the decision in Caridon was overturned. The Court confirmed that as long as a gas safety certificate is provided to the tenant before the section 21 notice is issued, the notice can be validly served upon the tenant.

However, the decision does not touch upon what would happen if there is no valid gas safety certificate at the time the tenant first goes into occupation or if the annual gas safety inspections are not carried out.

Although this is therefore good news for landlords, landlords should continue to comply with their obligation to ensure the property is safe and to provide the relevant documentation at the commencement of the tenancy to reduce any risk of there being any issues.

If you would like any advice on gas safety requirements/evictions relating to residential properties, please contact our landlord & tenant team on 01935 382680.
 

Posted in: Landlord & Tenant/Housing, Property Disputes