Suzanne Bingham considers a recent unreported judgment in the County Court that confirms that failure by Landlords to supply a current gas certificate to residential tenants at the start of an assured shorthold tenancy may prevent them serving a section 21 notice to end that tenancy. A section 21 notice is served by Landlords when they want to regain possession of premises and there has been no default by the tenant. The case hi-lights that if the Landlord has not complied with it's obligations under the Gas Safety (Installation and Use) Regulations 1998 to provide the Gas certificate before the start of the tenancy it will be prevented from serving this notice and so prevented from recovering possession in this situation indefinitely.
Landlords will still be able to rely on the service of a s8 Notice in instances where there has been a breach of the terms of the tenancy by the tenant to regain possession.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.