Van-Herpen v Green & Green 2023
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Gas Safety
Trecarrel House Limited v Rouncefield [2020]
Trecarrel House Limited v Rouncefield 2020 EWCA Civ 760
In this case the tenancy was an Assured Shorthold Tenancy (AST) of a self-contained flat in a domestic property which was granted on 13th February 2019. The heating and hot water were provided by a boiler outside of the flat. A gas safety certificate had not been issued or displayed before the start of the tenancy but the landlord provided the tenant with one prior to service of the section 21 notice on 1st May 2018.
The issues in this case revisit those which were considered by HHJ Luba QC in the case of Caridon Property Ltd v Monty Shooltz as to whether the landlord breached the Gas Safety (Installation and Use) Regulations 1998 (GSR 1998) and the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 which prevented him from relying on the section 21 notice.
At the first hearing it was found that
[...]Caridon Property Ltd v Monty Shooltz. Cent. London County Ct (2018)
Caridon Property Ltd v Monty Shooltz. Central London County Court, 2nd February 2018
The landlord served a section 21 notice on the tenant but it was argued that as the gas safety certificate was not provided to the tenant before the tenant took up occupation of the property the section 21 notice was invalid. The landlord had not served the certificate prior to occupation but argued that he had provided the tenant with a copy of the gas safety certificate 11 months after the start of the tenancy. DJ Bloom found that the landlord had breached Regulation 36(3) of the Gas Safety (Installation and Use) Regulations 1998 which made the s21 notice invalid. The landlord appealed and
[...]Assured Property Service Ltd v Ooo, County Court (2017)
Assured Property Service Ltd v Ooo, Edmonton County Court 30th June 2017
The tenant, Ms Ooo, had an Assured Shorthold Tenancy which granted after 1st October 2015. The landlord served a section 21 notice on the tenant and the county court made a possession order under the accelerated possession procedure without a hearing. However, the tenant made an application to set aside the order on the basis that no gas safety certificate had been provided at the outset of the tenancy or subsequently thereafter. The landlord disputed that the tenant had never received a gas safety certificate as he argued that there had been a subsequent inspection and a certificate provided.
The District Judge held that
[...]Health and Safety Executive v Claire Sherwood (2013)
Health and Safety Executive (HSE) v Claire Sherwood (2013) Chelmsford Crown Court
The landlord (Claire Sherwood) employed gas fitters to install boilers at her own property and one that she owned and let out. The gas fitters carried out dangerous gas work to the properties and the question was whether the agent could be held liable for the work carried out by the illegal gas fitters. It was held that
[...]Churchill v Nottingham CC (1999)
The tenant of a council house claimed damages for injury caused by fumes from a gas fire. At the date of the letting the property had a living room gas fire which was set into an ordinary fire place venting out through a chimney. However, the chimney had become blocked and the fumes could not escape.
HELD: In the County Court the judge held that
[...]R v Singh (1999)
Case Summary:
Title: R v Singh (1999)
Court of Appeal, 19.2.99
The Court of Appeal upheld Mr Singh's conviction of manslaughter for gross negligence resulting in the death of Paul Foster.
A landlord left his son, Gurphal Singh in charge of his Ipswich property while he returned to India and the tenant, Paul Foster died as a result of carbon monoxide poisoning.The Court of Appeal recently ruled that
[...]R v Beedie (1996)
The tenant of a property died of carbon monoxide poisoning caused by the use of a defective gas fire. The landlord was prosecuted and pleaded guilty to an offence under the Health and Safety at Work etc. Act 1974 arising from a breach of the duty to ensure that the appliance was maintained and repaired. He was
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