Section 21 Eviction Notice

“Court of Appeal backs Landlord”

Section 21 Eviction Notice

The Court of Appeal’s decision to back the Landlord in Trecarrell House Limited v Roucefield (2020) gives a measure of encouragement to Landlords who fail to comply with a Gas Safety Certificate.  In this case the certificate was served after the tenant’s occupation of a rental property.  The tenant argued that the Section 21 Eviction Notice should not have been served if the landlord had failed to provide her with a valid Gas Safety Certificate prior to moving in.

Compliance

The legislation is clear.  The steps Landlords can take to comply with the legislation is easy to follow.

Follow our 5 steps to take at the beginning of the tenancy:

  • Give your tenant the Gas Safety Certificate, together with the EPC and ‘How to Rent’ guide) prior to them taking up occupation
  • Keep a record of all the documents you provide to your tenant.  Additionally, you should note down when and how the documents were served
  • Arrange an annual Gas Safety Check and provide your tenant with a copy of the record.
  • Keep your own copies of the annual Gas Safety Certificates.  Record the date they were carried out, and when you provided them to your tenant.
  • Keep ALL copies of records served throughout the tenancy.  Make a note of the date the check was carried out and the date they were served on the tenant.

Our lettings team manages gas safety records on behalf of our landlords as a matter of course.  We also provide copies to tenants.  You may want to give us a call and see how we would manage your rental property, to keep you and your tenant safe.

Call Callaways on 01273 735237 or email enquiries@callaways.co.uk  for details of our comprehensive letting services.