Supreme Court Dismisses Tenant’s Appeal In Gas Safety Certificate Case

There has recently been some good news for landlords and letting agents following the decision of the Supreme Court to refuse to grant permission for a Tenant to lodge an appeal in the high profile Section 21 notice case of Trecarrell House Limited v Patricia Rouncefield.

The case centred on whether the Tenant (Patricia Rouncefield) could be evicted using a Section 21 notice if the gas safety certificate for the property she was letting had been provided to her after the tenancy has begun.

Below, we have provided a summary of the case.

Trecarrell House Limited v Patricia Rouncefield

Case background

Ms Rouncefield entered into an Assured Shorthold Tenancy agreement with Trecarrell House Ltd (the Landlord) in February 2017. A copy of the current gas safety certificate dated January 2017 was not given to her until November 2017.

In May 2018, the Landlord served a Section 21 Housing Act Notice upon the Tenant and as she failed to vacate in accordance with that Notice, issued possession proceedings. The Tenant defended the claim on the basis that she was not provided with a copy of the gas safety certificate prior to entering into occupation of the property and the Notice served was invalid. The Deputy District Judge dismissed the Defence and granted an Order for Possession.

The Circuit Judge held that failure to provide a gas safety certificate to the Tenant before the tenancy commenced could not be remedied and granted the Tenant permission to appeal against the Order for Possession. The Tenant raised a new factual point which was that a further gas safety check had been carried out in February 2018 and that she had not been given a copy of the gas safety certificate relating to that check, therefore providing further evidence as to why the Section 21 Notice served was invalid. The Landlord had provided her with a copy of this gas safety certificate prior to the Section 21 Notice being served.

Laws regarding Section 21 Notices and gas safety certificates

The Gas Safety (Installation and Use) Regulations 1988 include:

A Notice served under Section 21 Housing Act 1988 does not require a ground for possession to be made out and is often referred to as a no-fault notice.

However, a valid Section 21 Notice cannot be given if the landlord is in breach of a prescribed requirement. Section 21A Housing Act 1988 confirms this. One such prescribed requirement is in relation to the Reg. 36(6) of the Gas Safety (Installation and Use) Regulations 1988 which states:

Regulation 2(2) Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 confirmation this.

Court of Appeal and Supreme Court proceedings

In June 2020, the Court of Appeal held by a majority that the effect of reg. 2(2) was to remove the requirements of both reg.36 (6)(a) and (b). The implications of this mean that a valid Section 21 Notice can be given as long as the Landlord has given a copy of the gas safety certificate that was current at the time the Tenant entered into occupation of the property and copies of any subsequent gas safety certificates prior to the Section 21 Notice being served.

The Tenant then attempted to overturn the Court of Appeal’s decision in the Supreme Court but the appeal was rejected on the basis that the application does not raise a point of general public importance.

Comment

The Supreme Court’s decision, in this case, will be welcomed by all private sector landlords who would have been greatly concerned that a delay or failure to provide a gas safety certificate prior to a tenant occupying a property permanently prevented them from recovering possession of their properties.