Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760 (18 June 2020)

Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760 (18 June 2020)

A majority of the Court of Appeal held that late provision of the Gas Safety Record to a tenant can remedy an earlier failure to comply with regulation 36(6)(b) or (7) for the purposes of serving a section 21 notice, provided the GSR is given before service of the notice. The embargo under s.21A is not permanent and is lifted upon compliance. The issue of when the GSR was actually provided to the tenant was remitted to the County Court for determination.

Citation
[2020] EWCA Civ 760
Parties
Claimant/appellant: Trecarrell House Limited; Defendant/respondent: Patricia Rouncefield
Jurisdiction
England and Wales
Judgment Date
18 June 2020
Procedural Posture
Appeal (housing Possession) / Court of Appeal Judgment on Appeal From County Court
Outcome
Appeal allowed (majority); issue of timing of GSR provision remitted to County Court for determination.
Legal Topics
Assured Shorthold Tenancy, Section 21 Notices, Gas Safety Regulations, Prescribed Requirements, Possession Proceedings
Landlord and Tenant Housing Law Assured Shorthold Tenancy Section 21 Notices Gas Safety Regulations Prescribed Requirements Possession Proceedings

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Parties

Trecarrell House Limited

Claimant/appellant

Patricia Rouncefield

Defendant/respondent

Procedural Posture

Appeal (housing Possession) / Court of Appeal Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether late provision of a Gas Safety Record (GSR) to a tenant remedies a landlord's failure to comply with regulation 36(6)(b) or (7) of the Gas Safety (Installation and Use) Regulations 1998 for the purposes of serving a section 21 notice under the Housing Act 1988.
  2. 2 Interpretation of regulation 2(2) of the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 and its effect on the timing and remedy of compliance with gas safety certificate requirements.

Ratio Decidendi

A majority of the Court of Appeal held that late provision of the Gas Safety Record to a tenant can remedy an earlier failure to comply with regulation 36(6)(b) or (7) for the purposes of serving a section 21 notice, provided the GSR is given before service of the notice. The embargo under s.21A is not permanent and is lifted upon compliance. The issue of when the GSR was actually provided to the tenant was remitted to the County Court for determination.

Court Disposition

Appeal allowed (majority); issue of timing of GSR provision remitted to County Court for determination.

Orders

  • Remit to County Court to determine when the February 2018 Gas Safety Record was provided to the tenant.
  • Final order on the appeal to be made after County Court determination.