In March this year, we considered the implications for residential landlords of the decision in the case of Trecarrel v Rouncefield. In that case the judge held that a landlord cannot evict using a Section 21 Notice unless they gave a gas safety certificate to the tenant at the beginning of the tenancy, before the tenant occupied the premises. Whilst not a binding decision, the judge did follow a similar decision last year. However, the landlord has now been granted permission to appeal.
Welcome clarification
The central issue to be determined by the Court of Appeal is whether a landlord who has provided a tenant with a copy of the gas safety certificate at any time prior to serving a Section 21 notice has complied with the requirements to serve a valid notice. Since the introduction of the Deregulation Act 2015, compliance with the prescribed requirements has caused some difficulty for landlords and legal professionals alike and greater clarity will be welcome.
Unfortunately, until we know the outcome of this appeal, uncertainty remains and we advise landlords to seek advice if they are unaware of the extent of their obligations.
See also our recent article on Top Tips for Residential Landlords to ensure compliance within increasing regulation.