Byrne v Harwood-Delgardo 2022

Luton County Court 21 June 2022

In this case the landlord had served a section 21 notice on the tenant. It was argued that as there was no gas safety certificate for the period at the start of the tenancy the section 21 notice was invalid.

An earlier judgment in the case of Trecarell House Limited v Rouncefield (2020) EWCA Civ 760 addressed the issue of late provision of a gas safety certificate for the period covering the start of the tenancy. This case concluded that a landlord could provide the gas safety certificate late as long as the certficiate covered the period for the start of the tenancy. The certificate would still need to be given before service of the section 21 notice. However, this case did not deal with the issue where there was no gas safety certificate for the period at the start of the tenancy.

In the present case a District Judge initially made a possession order, where there was no gas safety certificate to cover the period of the start of the tenancy, on the basis that a subsequent gas safety certificate had been served and the section 21 notice was therefore valid. The tenant appealed.