Running out of gas… Housing Update – Section 21 Notice

In a long-awaited judgment handed down on 18th June 2020, the Court of Appeal held (2:1) in Trecarrell House Limited v. Patricia Rouncefield [2020] EWCA Civ 760 that a failure to provide a gas safety certificate to a new tenant prior to them taking up occupation can be rectified by later service so as to enable the landlord to serve a section 21 notice.

This issue has troubled landlords for some time and has been the subject of a high-profile County Court decision which had, until now, suggested that the opposite was the case and that this failure could not be remedied meaning that a ‘no fault’ section 21 notice could never be relied on.

In her article, Michelle Caney reviews the implications of this important decision and considers what questions it leaves unanswered.

To view the article please click here.