Late service of gas safety certificate no bar to serving s.21 notice says Supreme Court

Professional Plumber Doing A Boiler Check 2021 09 02 16 30 59 Utc

The Supreme Court in the case of Trecarrell House Ltd v Rouncefield has rejected the tenant's appeal against the Court of Appeal's decision that - in relation only to the ability of a landlord to validly serve a section 21 repossession notice - where a landlord has previously obtained a gas safety certificate which is still in date when the tenant moves in but provides a copy to the tenant after the tenant has moved in (so, technically, a breach of the gas safety regulations) it is possible for the landlord to rectify this breach by providing the certificate late.

The Supreme Court denied the tenant permission to appeal on the basis that there was no general matter of public importance for the court to decide on in any appeal and an analysis of the decision and its importance for landlords can be read here but a useful analysis by Imogen Dodds of barristers Falcon Chambers of the facts of the case and reasoning of the judges in the 2020 Court of Appeal hearing can also be read here.


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