In the decided case of Bryne -v- Harwood-Delgado, it was ruled by the court that to be able to serve a no-fault eviction notice on a tenant under section 21 of the Housing Act 1988, a landlord must have obtained a gas safety certificate prior to the commencement of the tenancy agreement.
In the above case, the Judge held that the section 21 notice was invalid because of the lack of provision of the gas safety certificate before the commencement of the tenancy, and therefore the landlord was refused possession. Even though the above case is not binding on other judges, it can influence the decision of Judges in the future.
When to use a section 21 Notice?
A landlord may wish to use section 21 to gain possession of a residential property when the fixed term of the tenancy has expired and the tenant has not breached the terms of the tenancy.
Also, under section 21 a landlord is required to serve the tenant the listed below:
- Up-to-date gas safety Certificate.
- Energy Performance Certificate.
- How To Rent Guide
- A deposit, if paid must be protected in a tenancy deposit scheme.
If a landlord does not obtain the gas certificate and Section 21 is unavailable, as such their options to gain possession are more limited. For example, a tenant would need to be in arrears of rent or breached a term of the tenancy to obtain possession from the court.
The decision in Bryne -v- Harwood-Delgado is different to the position as set out in the case of . It was held in Trecarrell that the landlord could remedy a failure to obtain and provide a tenant with a safety certificate by obtaining one and then serving it late, provided this is done before the service of a section 21 Notice. The difference between the Trecarrel case and Bryne -v- Harwood-Delgado is that in Trecarrel, the landlord had obtained a gas safety certificate but had not served it on the tenant. In Bryne, the position was that gas safety/record was not obtained before the tenant moved into the property.
What we can do to help you at Adel Jibs & Co Solicitors.