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Section 21 notices and Gas Safety Certificates: a new ruling

As most landlords will be aware, it has previously been the case that a landlord who had not serve their tenants with a Gas Safety Certificate before moving in would never be able to serve a valid Section 21 notice. However, a recent decision by the Court of Appeal has changed this.

In the recent case of Trecarrell House Limited v Patricia Rouncefield it was decided that as long as a landlord serves the tenants with a Gas Safety Certificate that was valid at the time of occupancy before the Section 21 notice then the notice is valid.  

Of course, the matter becomes less clear in the situation where a landlord did not obtain a gas certificate at all which is an unlawful act. However, this is welcome news to landlords – with one less pitfall for landlords wishing to use the section 21 eviction procedure.

If you have any questions about this, please contact enquiries@lindermyers.co.uk

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