A section 21 notice can be served so long as the relevant gas safety certificate (‘GSC’) has been given to the tenant before the notice is served, said the Court of Appeal in the case of Trecarrell House Ltd v Rouncefield  EWCA Civ 760 on 18/06/2020.
In refusing permission for the tenant to appeal the decision, the Supreme Court has accepted the Court of Appeal’s interpretation of the law. This means that the case remains binding on District Judges who deal with possession claims in the County Courts.
What does this mean for landlords?
This is a good result for landlords as it means that failure to provide the current GSC at the start of the tenancy can be remedied by providing the GSC before service of the section 21 notice.
In addition, the case also confirmed that failure to carry out checks within 12 months of each other will not bar service of a section 21 notice, so long as the new GSC is provided prior to its service.
However, the case does not resolve the issue of situations where a valid GSC was not in place at the start of the tenancy. Unfortunately, the case does not suggest either way whether this can be remedied by obtaining a GSC after the tenancy has begun…
If you need support in relation to tenancy compliance or any other residential landlord law related issue, then get in touch with Rebecca Chadwick at Landlord Support for some free and friendly initial advice followed by fixed fee support throughout your case:
01704 790 532