header-logo header-logo

A sigh of relief for landlords

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

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

Gilson Gray—Jeremy Davy

Gilson Gray—Jeremy Davy

Partner appointed as head of residential conveyancing for England

DR Solicitors—Paul Edels

DR Solicitors—Paul Edels

Specialist firm enhances corporate healthcare practice with partner appointment

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll