Landlords (and practitioners) have been eagerly awaiting the Court of Appeal’s ruling in Trecarrell House Limited v Rouncefield  EWCA Civ 760, on whether a landlord’s failure to provide the tenant with a gas safety certificate (“GSC”) prior to the tenant’s occupation, prevents a landlord permanently from serving a section 21 (no fault eviction) notice to quit.
By a 2-1 majority the Court determined that the failure to provide tenants with a GSC prior to occupation does not prevent a landlord serving a section21 notice, as long as the relevant GSC has been provided before service of the notice. The failure to provide the GSC was considered to be a remediable breach.
However what the Judgment does not consider, is whether the position would be the same if:-
Whilst the decision has provided some relief, it remains the case that prudent landlords should ensure that they continually comply with the various legislative requirements.
Care should be taken by landlords in deciding who should receive a copy of the certificate as required under the gas safety regulations, and in selecting the correct method of service. The issue of method of service will depend on the wording of the relevant tenancy agreement. Hannah Drew explained this issue in her recent article “Learning the Law: Electronic signatures and email” included in the December 2019 edition of Agricultural Lore.