UK Landlord Forum / Life

Hi

I am aware of the new regulation from Oct 2015 surrounding giving a copy of the Gas Safety Cert to tenants signing a tenancy after Oct 2015. But I was always aware that if a valid Gas Safety was not in place (not nes given to the tenant) but that you could not serve a S21 without a valid gas safety. I cannot find the links to this any more. Can anyone clarify

Section 38 of The Deregulation Act 2015 inserts a new section into the Housing Act 1988:

21A Compliance with prescribed legal requirements, states that "...A notice under subsection (1) or (4) of section 21 may not be given in relation to an assured shorthold tenancy of a dwelling-house in England at a time when the landlord is in breach of a prescribed requirement.."

Further elucidation is provided by The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015:

"..Subject to paragraph (2), the requirements prescribed(b) for the purposes of section 21A of the Act are the requirements contained in ... paragraph (6) or (as the case may be) paragraph (7) of regulation 36 of the Gas Safety (Installation and Use) Regulations 1998(d) (requirement to provide tenant with a gas safety certificate)."

You can search for both documents at www.legislation.gov.uk