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Last year we reported on the decisions of Caridon Properties Limited v Monty Shooltz and Trecarrell House Limited v Rouncefield where the court held that if the landlord failed to serve and display a gas safety certificate before the tenant occupied the property under an assured shorthold tenancy agreement this failure could not be remedied by the later service of a gas safety certificate and the consequence of that was the landlord could never serve a section 21 notice.
Happily for landlords the Trecarrell House case was taken to the court of appeal who reversed the decision.
It now means that if the landlord has failed to serve and display a gas safety certificate before the tenant occupied the property this can be cured by later service of the gas safety certificate before a section 21 Notice is served. This applies to updates to the gas safety certificate as well.
It waits to be seen whether or not this case will go all the way to the Supreme Court although that might appear unlikely.
If you are a landlord or a tenant and require further information or advice please contact Bill Martin at firstname.lastname@example.org