ON THE N5B RE THE GAS CERT, THE GAS CERT WAS GIVEN 2 MONTHS AFTER THEY MOVED IN, IT WAS MY UNDERSTANDING THAT AS LONG AS WAS GIVEN BEFORE S21 THEN IT OK, AM I CORRECT?
17a. Was a copy of a valid gas safety record provided to the Defendant before they went into occupation of the property?
1 Comment
You are correct. This is in line with thefinding in Trecarrell House Ltd v Rouncefield in June 2020. The finding was a S.21 is valid, where the gas certificate wasn’t served on the tenant before the tenant moved in, provided it’s served before s.21 is served.
However, in Trecarrell, a valid gas certificate did exist at the time the tenant moved in, the landlord just didn’t give it to her (until some months after). Trecarrell did not really address the question of whether a gas certificate that was both obtained AND served on the tenant after the tenant moved in, would still be ok for s.21 purposes.
This page on the Falcon Chambers site explains the situation pretty clearly https://www.falcon-chambers.com/publications/articles/the-court-of-appeal-on-gas-safety-and-s21-trecarrell-house-limited-v-patric