Honourable and personal residential letting experts

28Feb

Lettings legal – gas safety 

A white boiler on a blue wall

It was recently reported from NRLA that a landlord had their Section 21 possession claim rejected and has been ordered to pay their tenants’ court costs after failing to provide them with gas safety information about a newly installed boiler before serving notice.

The case of Van-Herpen v Green & Green, which was held at Hastings County Court, rested on an argument as to whether a Building Regulations Compliance Certificate had to be issued for a newly installed boiler and whether a Gas Safety Certificate should have been provided following subsequent visits to the property by a gas safety engineer.

The background

A qualified gas safety engineer confirmed in a written statement to the court that a new boiler was installed on 6 September 2018, and that – as a new installation – it did not need a Gas Safety Certificate, but instead only a Building Regulations Compliance Certificate. However, this certificate was not provided to the residents.

The boiler was next checked on October 30, 2019, following this inspection, on the same day, the tenants were given a Gas Safety Certificate by the engineer.

The defendants argued the landlord was in breach of Gas Safety Regulations as they had not received the compliance certificate and therefore the notice served in 2022 was not valid.

The verdict 

The judge ruled in favour of the tenants as he was ‘not persuaded by the claimant’s submission that such a check and consequential record is not required within 12 months of a boiler being installed’.

In his ruling he said the tenants: ‘should have been provided with a copy of the Gas Safety Certificates arising out of the inspections on 6 September 2018, and 14 November 2018, prior to service of the Section 21 Housing Act Notice. This did not occur.

“As a consequence, the purported Section 21 Housing Act Notice was defective, and as a consequence these proceedings must be dismissed.”

 


Conclusion

If you find that you are in a situation where you need to give notice you need to make sure every piece of paperwork has been issued. If you are worried about anything you have, click here – you may need our help.