Brooke Lyne shares some good news for landlords on gas safety & section 21 notices
In brief
- Is the failure to provide a gas safety certificate prior to a tenant entering occupation fatal?
- Does it prevent a landlord from ever being able to serve a s 21 notice?
- These questions have been vexing landlord & tenant lawyers and county court judges up and down the country for years.
- The Court of Appeal has finally given an answer in Trecarrell v Rouncefield.
In Trecarrell v Rouncefield [2020] EWCA Civ 760, [2020] All ER (D) 104 (Jun), by a majority of 2-1 (Lord Justice Moylan dissenting) the court concluded that late provision of a gas safety certificate does not prevent a landlord serving a s 21 notice providing that the relevant certificate has been given before service of the notice.
The court also considered a new argument raised in the respondent’s notice, namely, if the gas safety inspection took place late (ie more than 12 months after the last one) whether this operated
