Gas Safety Law - if you do not have all gas safety maybe an issue
Due to another appeal we are back to square one - we have three types of cases
1) Missed or late with a gas safety or NO LANDLORDS NAME ADDRESS ON GAS SAFETY CERTIFICATE
2) FROM AUG 23 No Gas Safety at commencement of tenure / or new landlord - if you have
been denied possession, notified of an appeal CALL ASAP (sadly we know
the case law being used)
3) Tenant denies you access so cannot perform your duties
1) Missed or late with a gas safety - Provided a valid gas safety at inception of tenure / OWNDERSHIP
On 18 June 2020 the Court of Appeal delivered its judgement in the eagerly anticipated case of
Trecarrell House Limited v Rouncefield (2020) EWCA Civ 760. In a split decision, the Court confirmed that where a landlord has given the tenant a gas safety record (“GSR”) late, the s.21 notice will not be invalidated, provided the relevant GSR has been given before service of the s.21 notice
2) No Gas Safety at commencement of tenure / or new landlord
If you have
been denied possession, notified of an appeal CALL ASAP (sadly Byrne v Harwood-Delegado: No Gas Safety Certificate in place at the start of a tenancy, NO no-fault eviction section 21 of the Housing Act 1988
The argument is Trecarrell case was not explicit in determining at the beginning of the Tenancy so the Judge ruled if no gas safety at commencement you cannot remedy the breech. But call us because - we can write a request to restore and this may work - but if they have cited as a defence Byrne v Harwood-Delegado then we have to review plan for sadly you are exposed to being liable to costs - So we need to talk - call PIMS for a big problem
link to case August 2023 – Byrne v Harwood-Delegado: No Gas Safety Certificate in place at the start of a tenancy, no no-fault eviction section 21 of the Housing Act 1988 – pallantchambers.co.uk
3) Tenant denies you access so cannot perform your duties
Provided gas safety at inception (defined point 2 above) and you can affirm reasonable actions - (no less than three efforts to perform gas safety (meaning you book appointments for gas engineers) Then we take the stance unreasonable to expect me to have a valid gas safety where tenant obstruct you performance - Call helpline for are other tactics we recommend
4) no Landlords name/address on Gas safety Certs a problem known defence