Gas certificate and section 21

[Pacific]

I found something on the gov website does anyone know if this is correct? I assume it is if its on the gov website but there is no date so just checking it's not outdated? Attached below (the last 2 paragraphs in the photo)

If the gas certificate was given after the tenancy started would this alone make a section 21 invalid if a landlord applied to a court for possession?

If so does that mean the landlord cannot use a section 21 in future to evict the tenant at all and has to wait till they leave voluntarily?

[Pacific]

Anyone?

[dslippy]

I think I saw a case on this where the answer was no - the s21 procedure remains in effect. Needs to be double checked.

[islandgirl]

As I understand you cannot issue a s21 unless there is an up to date cert in place...inspection once a year. I do not read the advice as saying you cannot use this method if you did not originally provide it. As above check but hopefully all is well

[islandgirl]

I have just seen this on another site which means that no gas cert on occupation may be fatal to any S21 (unless it was done but not given to the tenant)

when there was a valid gas certificate at time of tenancy start, but it was not issued to the tenant at tenancy start, that it can then be issued (following a 2020 ruling) before a section 21 to make the S21 valid. If a gas cert did not exist at all at tenancy start then, as you say, it cannot be issued later to make an S21 valid.

[efpom]

islandgirl -I am most interested in the source of the information and a case ref - your post #5 - ongoing case

[Pacific]

Hi thanks, my friend said the landlord arranged a gas inspection a few days after the tenancy start date and provided the certificate about 3 weeks after that. The date on the certificate is almost a month after tenancy start date.

Her landlord provided her no gas certificate dated from when she moved in.

[islandgirl]

Hi Efpom the source was a thread on Landlordzone: https://forums.landlordzone.co.uk/fo...ssional-tenant

[efpom]

Thank you @islandgirl

The definitive answer is that provided the Gas certificate exists prior to service of the S.21 notice, the S.21 notice is effective.
The case law is here.
https://www.bailii.org/cgi-bin/forma...+(Rouncefield)

I would also argue that, by analogy, that provided the statutory documents exist – EPC certificate, Electrical certificate – ECIR, “Right to Rent” and the formalities for serving have been complied with, prior to issue of a s.21 notice, that notice is effective.

[Pacific]

ISLANDGIRL thanks for the link just goes to show what a mistake my friend's landlord is making, she's pretty much a model tenant he will regret it if he continues being petty with the section 21 for nothing and possibly ends up with a tenant like that guy! She lives alone and he seems to think that means he can come over whenever he wants.

EFPOM unsure if a valid gas cert exists for that 1st month she moved in, if there is one he didn't give it to her. Since the gas cert she did receive however he seems to have complied with everything else, the renters book and EPC were given prior to moving in when signing the tenancy.

[efpom]

I understand that the tenant is a model tenant. However, a section 21 notice, as opposed to a Section 8 notice is a "no fault" notice, meaning that it does not matter whether the tenant complies with all of her obligations under the tenancy Agreement, she must quit at the end of the notice period. If she does not, then the landlord's remedy is to apply for a court Order, probably under the "accelerated procedure" - Form N5b, a "tick box" exercise, without a hearing, where provided the formalities have complied with the legislation,- here a gas certificate, the judge must grant the Order. The landlord will also get his costs, which, if he employs a solicitor, would be around £1200>£1500 plus the court fee £330.

It's not for me to give the tenant advice, but in the event that a possession Order is granted, she may subsequently find it difficult to find a private sector landlord willing to rent to her, if, as is likely, that subsequent landlord requests a reference from her current landlord.

[Pacific]

EFPOM does this mean that the section 21 is invalid if he can't provide a gas cert for that 1st month when she moved in? Or if he didn't produce it before the section 21?

She understands that moving would be the best option she doesn't like the landlord he's very harassing. But she can't afford to move she has no savings and after all her outgoings she has nothing left, she lives in London which is insanely expensive and her rent extortionate but she has to stay in that area for her job and friends family. She doesn't want to ask for any loans she's already paying some back and can't see that moving would change anything except get her into further debt because there's no guarantee the next landlord will be any better.

She's literally done everything right, always pays her rent on time never late not even all during covid, and even paid early sometimes till he started demanding early rent even when it wasn't due, after that she decided to pay only on the due date so as not have to put up with that behaviour. The property was filthy from the last tenants he didn't clean it like he said he would and she had to deep clean all of it including replacing a damaged toilet seat and faulty handle and replacing mouldy shower curtain and the room curtains too etc and did so without complaint so as to keep the peace, but never has she gotten so much a thanks for anything let alone costs incurred.

The only thing I'd say she's done wrong is not letting him in for inspections, but this is because he is very harassing he started calling her within days of her moving in saying he wants to inspect and all during lock down. When she did let him in voluntarily he was very rude going around opening her cupboards and touching her things which she didn't like and said she wouldn't let him in again because it's stressful dealing with him. At this point she's just angry and doesn't care, the section 21 has ended but she hasn't received any court order as yet so maybe he changed his mind she doesn't know but she's upset by it all and ready to file a defence and counterclaim for harassment should they proceed. Last time he came around uninvited he was trying to physically force his way in prior to serving the section 21.

[efpom]

To answer your question, It is irrelevant that the Gas certificate was served some weeks after the tenancy began because:

If the statutory documents existed and were served on the tenant before or at the same time as the S.21 notice was served and provided those documents are not themselves statutorily defective and if the S.21 notice itself is not defective in some way, the S.21 notice is a valid notice



Those statutory documents are:
The Gas Certificate
An ECIR - the electrical condition report
An EPC - Energy Performance Certificate
The "Right to Rent" booklet.

As the date on which the valid S.21 notice to quit has passed. she is no longer the tenant because the Tenancy Agreement ended on the date on which the S.21 notices to quit, occurred.

The former tenant's status is that of a "residential occupier" as defined in the Protection from Eviction Act.
https://www.legislation.gov.uk/ukpga/1977/43/contents

Thus, your friend cannot be expelled from the premises without a possession Order, and it is a criminal offence to harass her.

For the avoidance of doubt the landlord is lawfully entitled to enter the premises, on giving 24 hours notice in writing (the Housing Act) for the following non exhaustive purposes:
To examine the condition of the property
To carry out such repairs as he deems fit.
To carry out statutory inspections
To show prospective tenants the property.

He is also entitled to enter the property, without notice, but only in an emergency. What is an emergency, is a question of objective fact in any particular circumstance.

Exercising those entitlements, are not of themselves harassment, but if I was advising the Landlord, I would be telling him to bring an independent witness with him.

Any allegation of harassment during the term of the tenancy is, in my view, stale and the fact that the now former tenant has obstructed the Landlord's entry during the tenancy, would not bode well for her in front of a judge.

[Pacific]

EFCOM her tenancy is an AST but it expired and she is now on a periodic tenancy, her tenancy clearly states that it becomes periodic once the fixed term ends.

She is not a former tenant she is still lawfully residing in the property and paying the rent whether a section 21 has been served or not, it expiring doesn't make her a former tenant. I also wouldn't call someone physically forcing themselves into someone else's residence as stale harassment, it's breaking in and it's very harassing not to mention a criminal offense. Owning the place doesn't give him the right to break in. Landlords have to abide by the law and he didn't, he broke it he has no concept of tenant privacy. He can't enter the property even with 24hrs notice without her consent.

There has been no emergency just him inflating his ego because she's not interested in inviting him in every week to prance around. She just wants to be left alone, something he can't seem to comprehend.

[Pacific]

No gas certicate had been served for the first month of the tenancy, the certificate served thereafter was a new one from the gas inspection done after she moved in. Whether a certificate exists for the date she moved in she doesn't know and was never served this.