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Landlords that fail to issue gas safety certificates can evict via Section 21, court rules
Tenants can be removed from properties via Section 21 no-fault evictions even if landlords fail to provide them with valid gas safety records (GSRs) at the start of their tenancies, according to a landmark ruling.
On Thursday, the Court of Appeal overturned a previous ruling that a landlord’s Section 21 order was invalid if it had failed to provide a GSR prior to the tenant moving into their property.
In the case of Trecarrell House Limited v Rouncefield, the court ruled there is no time limit for serving existing tenants with a GSR and that as long as one is provided to the tenant prior to a Section 21 notice, the notice will be valid.
Defendant Patricia Rouncefield was given a tenancy by Trecarrell House in February 2017 but did not receive a relevant GSR until November 2017. She later received a Section 21 notice on 1 May 2018 and appealed this arguing that by failing to provide a GSR before she moved in, the landlord could not issue the notice.
A deputy district judge initially dismissed this defence and granted the possession order before Ms Rouncefield appealed and another judge ruled in her favour. The Court of Appeal then granted Trecarrell House permission to appeal.
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In the Court of Appeal last week, a majority ruled in favour of the landlord – which means the the Section 21 eviction notice is valid.
Judges argued that “so long as the GSR has been provided to either a new or existing tenant before service [of the Section 21 notice], a landlord retains his right to use the Section 21 procedure”.
Afran Bhatti, Ms Rouncfield’s solicitor from Oliver Fisher Solicitors, said: “Gas safety affects a large number of tenants across the country.
“The effect of this judgement means there is little real deterrent against landlords who do not comply with their duties under the gas safety regulations as Health and Safety Executive prosecutions for breaches, unfortunately, remain rare.”
Former prime minister Theresa May announced in March last year that the government would put in place legislation to end Section 21 no fault evictions, which can give tenants as little as eight weeks’ notice to leave a property after a fixed-term contract has come to an end.
