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Gas safety, s.21 Housing Act 1988: Court of Appeal hearing date

Residential development web

The Deregulation Act 2015 requires landlords under Assured Shorthold Tenancies to provide the tenant with a copy of the gas safety certificate before the tenancy commences. In two county court cases (Caridon Property Ltd v Monty Shooltz / Trecarrell House Limited v Rouncefield), two different Circuit Judges have held that a failure to comply with this requirement means that the landlord is prohibited from using the "no fault" ground for possession in s.21, Housing Act 1988. This has caused considerable alarm for landlords, agents and their lawyers. Following a change of legal representation, Justin Bates and Brooke Lyne have obtained permission to appeal in the Trecarrell House case. The appeal is now listed for 28/29 January 2020.

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