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Question

Applying to Court for Possession — Accelerated Procedure (England) | Ending a Tenancy (England) | England

Section 21 gas safety

11 Jan 2022 | 1 comment

I wish to issue Court proceedings based upon a section 21 notice using the “accelerated” procedure. However, although I understand that there was a gas safety certificate in force when the tenancy began in 2017, with a copy being given to the (un-cooperative) tenant before they moved in, we no longer have a copy of this and neither does the gas engineer who only needs to retain records for 2 years. He does say though that he remembers visiting the property shortly before the tenancy commenced to carry out a gas safety check and could give a statement to that affect. But, where does this leave us with the proceedings and the accelerated procedure which require a copy of the gas safety certificate to be attached?

Answer

1 Comment

  1. guildy

    We’re not sure if accelerated would be possible to use in this case. Accelerated is generally dealt with without a hearing but, it must therefore contain all the documentation needed.

    It has been held that before the section 21 is served, the copy of the first gas record (plus current one if needed) can be given late for the claim to succeed.

    If the engineer could create a copy now (given they recall attending, presumably it wouldn’t be fraudulent – just generating a new version of the record). That record could be given to the tenant and then serve a section 21 notice. Then accelerated could be used.

    If that’s not possible, then the standard procedure would need to be used, along with a witness statement explaining that it was done and how it was given to the tenant before occupation.

    You may need to take advice from a solicitor whether the engineer needs to do their own witness statement. The problem with that is they would then need to attend the hearing to give evidence and be cross-examined. It might be enough for you to do a witness statement alone outlining what happened and then see if the court wishes the engineer to attend. We’re just not sure on that point.

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