Tenants can be removed from properties via Section 21 no-fault evictions even if landlords fail to provide them with valid gas safety records (GSRs) at the start of their tenancies, according to a landmark ruling.
On Thursday 23rd March, the Court of Appeal overturned a previous ruling that a landlord’s Section 21 order was invalid if it had failed to provide a GSR prior to the tenant moving into their property.
In the case of Trecarrell House Limited v Rouncefield, the court ruled there is no time limit for serving existing tenants with a GSR and that as long as one is provided to the tenant prior to a Section 21 notice, the notice will be valid.
Defendant Patricia Rouncefield was given a tenancy by Trecarrell House in February 2017 but did not receive a relevant GSR until November 2017. She later received a Section 21 notice on 1 May 2018 and appealed this arguing that by failing to provide a GSR before she moved in, the landlord could not issue the notice.
A deputy district judge initially dismissed this defence and granted the possession order before Ms Rouncefield appealed and another judge ruled in her favour. The Court of Appeal then granted Trecarrell House permission to appeal.
