Gas Safety Certificate Cost London that had been hotly debated and discussed for a long time before the Court of Appeal finally made its decision on June 18. The Court confirmed it in a decision that was split along ideological lines that even in situations in which a landlord has given a gas safety record (also known as a “GSR”) to the tenant late, the s.21 notice will not be invalidated, provided that the Gas Safety Certificate Cost London has been given before the service of the s.21 notice. The verdict of the Court demonstrates that this was not an easy case to resolve. And there are still challenging questions. That need to be answered, although it was favorable for landlords.
The Actualities
In February of 2022, the landlord, conferred an assured short hold tenancy upon the tenant, Patricia Rouncefield. Although property owner carried out a gas safety check in January 2022. Ms. Rouncefield did not receive the GSR until November 2022, well after moving in. In February 2023, a subsequent gas safety check was performed. And in May that same year, a section 21 notice was served. There was a disagreement regarding whether or not Ms. Rouncefield had received the February Gas Safety Certificate Cost London before the service of the s.21 notice (and that issue has been remitted to the county court for determination).
The gas engineers filed a claim for possession of the property in London, UK. Ms. Rouncefield’s defense for this was that before her moving into the property, the landlord did not give her a copy of the Gas Safety Certificate Cost London as required by the lease agreement. This was the main argument she presented. The order to regain possession was issued after the District Judge decided. That the late compliance would not render the section 21 notice invalid. Following an appeal by Ms. Rouncefield, the case was heard by HHJ Carr of the Circuit Court. Who ruled against the possession order issued by landlord. In his judgment, HHJ Carr adopted the reasoning presented in the earlier county court appeal case.
The Legal System
It is necessary to take a step back and investigate the complex legislative structure. That underlies the appeal to better understand the issues presented to the Court of Appeal for decision.
The Deregulation Act of 2015 became law on October 1, 2015, and it introduced numerous amendments. To the s.21 procedure before it became effective. It also included the introduction of a new section 21A. Which prevents the service of an s.21 notice in England “at a time. When the landlord is in breach of a prescribed requirement.” The Housing Act 1988 was also amended as a result of these changes. The Assured Short hold Tenancy Notices and Prescribed Requirements (England). Regulations 2015 (also known as “the 2015 Regulations”) are the piece of subordinate legislation. That contains the prescribed requirements. These requirements refer to the obligation of the landlord to provide the tenant. With an energy performance certificate and a gas safety certificate.
The obligations that were required of landlords were derived from the responsibilities that were already mandated by the applicable laws. It is the responsibility of the landlord to supply the tenant with Gas Safety Certificate Cost London by regulation 36, paragraph 6 or paragraph 7, of the Gas Safety (Installation and Use). This is done to ensure gas safety. Nevertheless, for section 21, this requirement is qualified by an express provision in the 2015. Regulations that states that for s.21A of the Housing. As we will see in the following section, this qualification was of utmost significance to the Court of Appeals’ decision.
Two separate responsibilities fall on landlords. Both are outlined in regulation 36(6) of the Gas Safety Regulations
1) to provide a copy of the Gas Safety Certificate Cost London to each existing tenant within twenty-eight days of the check (Regulation 36(6)(a)), and 2) to report any violations of the GSR to the local housing authority.
2) to provide a copy of the most recent Gas Safety Certificate that was completed regarding each appliance. Or flue to any new tenant of the property. Which the record relates before that tenant occupies the premises.
Regulation 36(7) specifies the circumstances under which a landlord can fulfill the responsibilities outlined above by simply displaying the Gas Safety Certificate Cost London in a conspicuous location within the premises rather than handing it over to the tenant. This applies in situations where there is no relevant gas appliance in the room that is occupied or will be occupied by the tenant, such as in the case of a tenant whose apartment is serviced by a gas boiler located outside the apartment.
Issues
At the hearing, the Court of Appeal was asked to decide two significant matters.
- Does the fact that the landlord did not give the tenant a copy of the Gas Safety Certificate Cost London before the tenant moved in prevent the landlord from serving a section 21 notice that is valid?
- If the gas safety report is based on a late safety check, does that render a section 21 notice null and void?
During the appeal, London Property Inspections represented a brand-new line of reasoning, which brought up the second issue.
