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Failure to provide Gas Safety Certificate before the tenancy begins is a bar to serving a Section 21 Notice.
Landlords and tenants should both take note of two decisions in the last year or so concerning the provision of Gas Safety Certificates (GSC). In the cases of Caridon Properties Limited v Monty Shooltz and Trecarrell House Limited v Rouncefield the court decided that the failure of a landlord to serve and display a GSC BEFORE the tenants occupied the property under the assured shorthold tenancy agreement (AST), cannot be remedied by the later service of a GSC.
In those circumstances if the GSC has not been served and displayed prior to the tenants moving in a landlord cannot subsequently seek to terminate the tenancy by service of a Section 21 Notice, which is a no fault notice giving the tenant of an AST two months to vacate the premises
These decisions have not yet been appealed to the Court of Appeal but at the moment would be persuasive to a County Court District Judge when dealing with a possession case pursuant to Section 21 Notice served by the landlord if the GSC had not been served prior to the tenancy.
The failure to serve the GSC before the tenancy does not deny landlords of their right to serve a Section 8 notice where the tenant has breached the terms of the tenancy agreement.
If you are a landlord or tenant and require further information and advice please contact Bill Martin BM@AandCo.co.uk.