UK:
Comply With Your Obligations At The Beginning Of The Tenancy Or Lose The Ability To Serve A Section 21 Notice!
11 June 2019
Hewitsons LLP
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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.
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