Landlord and tenant – gas safety certificates and s21 notices
An appeal case in the Court of Appeal has clarified the position in relation to gas safety certificates and the effect of a failure to provide one to a tenant.
Previously it was thought that the provisions of section 21A of the Housing Act 1988 (HA 1988) and related legislation meant that, if a residential tenant had not been given an up to date gas safety certificate before they took on the tenancy, then it would be impossible to carry out a ‘no fault’ eviction under section 21 of the HA 1988.
However, the Court of Appeal has decided in the case of Trecarrell House Ltd v Rouncefield that a landlord can serve a section 21 notice if they first provide a current gas safety certificate.
Landlords must not be complacent, however; a failure to ensure that residential property has a valid gas safety certificate in place could leave the defaulting landlord at risk of being criminally prosecuted.