Gas Safety Certificates and s.21, Housing Act 1988

What happens if a landlord fails to give a tenant a copy of the gas safety certificate for the property before the start of the tenancy? In Caridon Property Ltd v Monty Shooltz (Central London CC), HHJ Luba QC held that such a failure was a breach of s.21A, Housing Act 1988 and could not be remedied. This meant that the landlord could not recover possession under s.21, 1988 Act. That decision was followed in Trecarrel House Limited v Rouncefield (Exeter CC) by HHJ Carr. Following a change of legal representation, the Court of Appeal has granted Trecarrel House Ltd permission to appeal. The landlord is now represented by Justin Bates and Brooke Lyne, instructed by Anthony Gold solicitors.

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