SMF - Just Installed!

Section 21 can they re issue ?

Started by Rentingheadache, April 25, 2022, 06:48:04 PM

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Rentingheadache

Hi landlord served section 21.
Turns out EPC is out of date and Gas cert I never received one over 5 yrs until recently .

My question is
Yep he can get a recent EPC and re issue the sec 21 but what about the gas ?
If he has proof of having 5 yrs of gas cert even though I never saw one until recently would this be enough ?


Simon Pambin

The current position of the case law (Trecarrell House Ltd v Rouncefield) suggests that he can if he did actually have a valid gas safety certificate at the time the tenancy started, but just failed to give you a copy for some reason.

https://www.bailii.org/ew/cases/EWCA/Civ/2020/760.html
https://nearlylegal.co.uk/2020/06/the-trecarrell-conundrum/

If he didn't have a gas certificate when the tenancy started, then he'd be out of luck.