Byrne v Harwood-Delgado 

Invalid s.21 Notice on failure to provide Gas Safety Certificate

A non-binding County Court decision but one that provides a warning to Landlords to make sure they are adhering to matters of regulatory compliance.

In this case, the landlord served a s.21 notice, the ‘no fault’ ground, to bring the assured shorthold tenancy to an end. The tenant contested the validity of the notice stating that the Landlord had not provided a Gas Safety Certificate at the start of the tenancy.

The Court allowed the appeal by the tenant, on the basis that the landlord only obtained and provided a Gas Safety Certificate 6 months after the tenancy began. This case was distinguished from that of the Court of Appeal decision in Trecarrell House Ltd v Rouncefield, stating: 
 

“In terms of outcome, if the landlord succeeds the effect is that they can comply with the prescribed requirements by serving a Gas Safety Certificate obtained at any time during the tenancy before service of the s21 notice. Indeed, they could never have a Gas Safety Certificate until the day they seek to terminate the tenancy by serving a s21 notice.”
 

A landlord who has a Gas Safety Certificate at the start of the tenancy but simply fails through administrative error to provide it to the tenant is able to regain possession, provided this is rectified before the s.21 Notice is served. However, where a landlord does not have a Gas Safety Certificate at the start of the tenancy, as was the situation in this case, this will not be capable of remedy at a later date. The Renters (Reform) Bill, when enacted, will see s.21 repealed but it undoubtedly remains important for landlords to comply with the relevant requirements when granting new agreements.

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