Trecarrell House Limited v Rouncefield Gas Safety Case - Court of Appeal rules in favour of Landlord

The Court of Appeal has yesterday handed down its judgment in the case of Trecarrell House Limited v Rouncefield. The Court of Appeal Judges ruled that late service of a gas safety certificate does not prevent a landlord from serving a section 21 notice on their tenant provided the certificate has been given to the tenant before service of the section 21 notice. This decision will be welcomed by landlords.

It was due to the Caridon Property v Monty Schooltz, in which HHJ Luba QC concluded that a failure to provide the gas safety certificate to the tenant before occupation was a breach that could not be remedied late. The effect of the judges’ interpretation of the law was that a landlord who had failed to provide the gas safety certificate before the tenant took occupation.