# Section 21 and gas safety certificate **URL:** \ **Category:** General Chat\ **Created:** [7 March 2024 10:51 UTC](https://community.openrent.co.uk/t/section-21-and-gas-safety-certificate/62220 "2024-03-07T10:51:25Z")\ **Posts on this page:** 9\ **Page:** 1
**Author:** ![Barry4](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/barry4/32/17370_2.png) [@Barry4](https://community.openrent.co.uk/u/Barry4)\ **Post date:** [7 March 2024 10:51 UTC](https://community.openrent.co.uk/t/section-21-and-gas-safety-certificate/62220/1 "2024-03-07T10:51:25Z")
I am in the process of evicting my tenant using section 21, however I have been told by my solicitor I need to to provide gas safety certificate for the day tenant moved in. She moved in on 01/02/2021 however the only gas certificate that I could find for that period starts on 15/02/2021 exactly 14 days later, I am unable to find certificate prior to that date, when searching google I came to know legally you are allowed 28 days from the date your previous certificate expired. I would appreciate any comment as to how I can solve this problem as I am desperate to get rid of a nuisance tenant who has been nothin but trouble. thanks Barry Moezzi ---
**Author:** ![David83](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/david83/32/17370_2.png) [@David83](https://community.openrent.co.uk/u/David83)\ **Post date:** [7 March 2024 12:01 UTC](https://community.openrent.co.uk/t/section-21-and-gas-safety-certificate/62220/2 "2024-03-07T12:01:14Z")
You have to have a Valid Gas saftey certificate to legally move a tenant in, the legal Rep is right the contract was not valid. " **Landlords must give a copy of the latest gas safety record to tenants within 28 days of the check and to new tenants before they move in**. ---
**Author:** ![David122](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/david122/32/1449_2.png) [@David122](https://community.openrent.co.uk/u/David122)\ **Post date:** [7 March 2024 13:01 UTC](https://community.openrent.co.uk/t/section-21-and-gas-safety-certificate/62220/3 "2024-03-07T13:01:08Z")
If you are unable to provide evidence that a gas safety cert was in place prior to the tenant moving in, then its unlikely that you would ever be able to serve a valid s21 notice. See Trecarrell Vs Rouncefield ---
**Author:** ![tatemono](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/tatemono/32/19789_2.png) [@tatemono](https://community.openrent.co.uk/u/tatemono)\ **Post date:** [7 March 2024 13:56 UTC](https://community.openrent.co.uk/t/section-21-and-gas-safety-certificate/62220/4 "2024-03-07T13:56:23Z")
> [@David122](#): > > ever 😮 I can’t think of a better example of why LLs need to take their legal obligations seriously. ---
**Author:** ![tatemono](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/tatemono/32/19789_2.png) [@tatemono](https://community.openrent.co.uk/u/tatemono)\ **Post date:** [7 March 2024 13:58 UTC](https://community.openrent.co.uk/t/section-21-and-gas-safety-certificate/62220/5 "2024-03-07T13:58:31Z")
Only recourse you might have is if you know who carried out the check prior to the one you have. They’ll have a copy in their records. ---
**Author:** ![David122](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/david122/32/1449_2.png) [@David122](https://community.openrent.co.uk/u/David122)\ **Post date:** [7 March 2024 15:58 UTC](https://community.openrent.co.uk/t/section-21-and-gas-safety-certificate/62220/6 "2024-03-07T15:58:20Z")
Sorry, I should have said ever with that tenant. ---
**Author:** ![tatemono](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/tatemono/32/19789_2.png) [@tatemono](https://community.openrent.co.uk/u/tatemono)\ **Post date:** [7 March 2024 16:06 UTC](https://community.openrent.co.uk/t/section-21-and-gas-safety-certificate/62220/7 "2024-03-07T16:06:45Z")
Right, but if with that tenant, then surely with any tenant you might check in without a valid GSC, no? ---
**Author:** ![David122](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/david122/32/1449_2.png) [@David122](https://community.openrent.co.uk/u/David122)\ **Post date:** [7 March 2024 16:09 UTC](https://community.openrent.co.uk/t/section-21-and-gas-safety-certificate/62220/8 "2024-03-07T16:09:06Z")
Yes, I meant that for any given tenant who moved into a property that didn’t have a GSC in place at that time, s21 would not be available to the landlord. ---
**Author:** ![system](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/system/32/11_2.png) [@system](https://community.openrent.co.uk/u/system)\ **Post date:** [5 June 2024 16:09 UTC](https://community.openrent.co.uk/t/section-21-and-gas-safety-certificate/62220/9 "2024-06-05T16:09:22Z")
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