Section 21, Gas Safety Certificate Loophole Finally Ruling in the Landlords Favour
30th June 2020
A threat to landlord’s being able to serve Section 21 notices has thankfully been removed.
Section 21 Notice- This is the no-fault way landlord’s are able to remove their
tenants by serving two months’ notice.
In the Deregulation Act of 2016 it stated that the notice could only be served if the tenant was given a gas safety certificate. A court in 2017 judged that if a gas safety certificate was not given to a tenant before they move into a property then a Section 21 notice could never be served, even if there was a valid certificate in place at the time.
This implies that a simple mistake by the landlord when a certificate is served would mean the tenant cannot be removed through a Section 21 - in effect a sitting tenancy.
This was appealed by a group of landlords under European Bill of Human Rights, and it must be to all landlords’ great relief that the appeal was upheld.
What are Champions doing about it?
We at Champions see this as a move in the right direction. We know the importance of the gas safety certificates and making sure they are delivered to tenants on time. However, this was a case of the cost far outweighing the sin. We heartily welcome the decision as a rare and refreshing blow for common sense.