S.21 Notice and Gas Safety Certificate
As a Landlord you may have been aware of a case called Caridon Property Limited –v- Monty Shooltz, and if not then you may have been aware of the implications arising from it. In this case the Court had been of the opinion that where a Landlord failed to give a new tenant a copy of the gas safety certificate for the new property before he moved in, he was thereafter forever unable to serve a Section 21 notice to terminate any tenancy. He therefore would be limited to using a Section 8 notice in order to remove a tenant.
However, luckily for Landlords, this has recently been looked at again in the case of Trecarrell House Limited –v- Rouncefield.
In this case the Court decided that where Landlords give the tenant a copy of the relevant gas safety certificate before or at the same time as the S.21 notice is served, then this will be compliant with the law as set out in S.21(A) of the Housing Act 1988 and the Landlord will therefore be able to rely on the S.21 notice.
This is obviously a major relief for Landlords.
If you have any queries with regards to S.21 notice or any issues relating to Landlord and Tenant matters, please do not hesitate to contact our litigation team on 01273 582271 or litigation@barwells.com.
