The Court of Appeal in the case of Trecarrell House Ltd v Rouncefield  EWCA Civ 760 have, on 18th June 2020, confirmed that a Landlord who failed to provide a Tenant with a copy of the gas safety record before the start of the tenancy was not prevented from seeking possession under Section 21 of the Housing Act 1988. Section 21 allows a landlord to give a no-fault notice to end an Assured Shorthold Tenancy and without the availability of that ground the Landlord has to prove a breach of the tenancy in order to obtain possession through the Court.
The Gas Safety Certificate must be available at the start of the tenancy but a failure to serve can be corrected subsequently.
The Gas Safety Regulations provide that the certificate must be given to existing tenants within 28 days of the check and to new tenants before occupation However, for the purposes of section 21A of the HA 1988, the 28-day period is disregarded (regulation 2(2), Gas Safety (Installation and Use) Regulations 2015).
Accordingly, for the purposes of section 21A of the HA 1988 the time when the landlord “is in breach” of paragraph 36(6)(b) ends once the GSR is provided.
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