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Section 21 can they re issue ?

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Author Topic: Section 21 can they re issue ?  (Read 94 times)
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« on: April 25, 2022, 08:48:04 PM »

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Turns out EPC is out of date and Gas cert I never received one over 5 yrs until recently .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 ?

 
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« Reply #1 on: April 27, 2022, 02:44:33 PM »

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.
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