header-logo header-logo

29 July 2020 / Brooke Lyne
Issue: 7897 / Categories: Features , Property , Landlord&tenant
printer mail-detail

A sigh of relief for landlords

25150
Brooke Lyne shares some good news for landlords on gas safety & section 21 notices

In brief

  • Is the failure to provide a gas safety certificate prior to a tenant entering occupation fatal?
  • Does it prevent a landlord from ever being able to serve a s 21 notice?
  • These questions have been vexing landlord & tenant lawyers and county court judges up and down the country for years.
  • The Court of Appeal has finally given an answer in Trecarrell v Rouncefield.

In Trecarrell v Rouncefield [2020] EWCA Civ 760, [2020] All ER (D) 104 (Jun), by a majority of 2-1 (Lord Justice Moylan dissenting) the court concluded that late provision of a gas safety certificate does not prevent a landlord serving a s 21 notice providing that the relevant certificate has been given before service of the notice.

The court also considered a new argument raised in the respondent’s notice, namely, if the gas safety inspection took place late (ie more than

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll