There has been a decision today in the case Trecarrell House Ltd v Rouncefield that REVERSES the previous situation.
A judgement handed down today 18 June 2020 by the Court of Appeal has concluded that failing to provide a gas safety certificate prior to a tenant’s occupation is not a reason to prevent a landlord serving a Section 21 notice as long as the relevant gas safety certificate has been provided to the tenant prior to the service of the Section 21 Notice.
This means that a Section 21 Notice can be given as long as the landlord had – at any time before serving the Section 21 had given the tenant a copy of the certificate that was in force before they entered into occupation of the premises and copies of any further certificates that related to subsequent certifications and inspection.
This is fantastic news for landlords. Not having provided a certificate prior to occupation is no longer a critical factor in serving a section 21 notice nor claim for possession.
Similarly, failing to carry out the annual inspection in time is not fatal as long as it also given before the Section 21 notice is served.
This will be a relief to many landlords who during Covid-19 may have missed a date or been stressed about it.
There is more to tell and we will update you soon.