Trecarrell House Ltd v Rouncefield

Trecarrell House Ltd v Rouncefield

For the purposes of section 21A Housing Act 1988, late provision of a Gas Safety Record to a tenant cures the breach of regulation 36(6)(b) and (7), allowing the landlord to serve a section 21 notice, provided the GSR is given before service of the notice. The embargo is not permanent and is lifted upon compliance. However, if the GSR is not provided before the section 21 notice, the landlord remains in breach and cannot rely on the notice.

Parties
Claimant/appellant: Trecarrell House Limited; Defendant/respondent: Patricia Rouncefield
Jurisdiction
England and Wales
Judgment Date
18 June 2020
Procedural Posture
Civil Appeal / Court of Appeal Judgment, Remitted for Determination of Factual Issue
Outcome
Appeal allowed, factual issue remitted to County Court for determination of timing of GSR provision.
Legal Topics
Assured Shorthold Tenancy, Section 21 Notices, Gas Safety Certificates, Prescribed Requirements, Accelerated Possession Procedure
Landlord and Tenant Housing Law Health and Safety Assured Shorthold Tenancy Section 21 Notices Gas Safety Certificates Prescribed Requirements Accelerated Possession Procedure

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Parties

Trecarrell House Limited

Claimant/appellant

Patricia Rouncefield

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment, Remitted for Determination of Factual Issue

Legal Issues

  1. 1 Whether late provision of a Gas Safety Record (GSR) to a tenant cures breach of prescribed requirements under regulation 36(6)(b) and (7) for purposes of serving a section 21 notice
  2. 2 Interpretation of regulation 2(2) of the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015
  3. 3 Whether failure to provide GSR prior to occupation is fatal to landlord's ability to serve section 21 notice

Ratio Decidendi

For the purposes of section 21A Housing Act 1988, late provision of a Gas Safety Record to a tenant cures the breach of regulation 36(6)(b) and (7), allowing the landlord to serve a section 21 notice, provided the GSR is given before service of the notice. The embargo is not permanent and is lifted upon compliance. However, if the GSR is not provided before the section 21 notice, the landlord remains in breach and cannot rely on the notice.

Court Disposition

Appeal allowed, factual issue remitted to County Court for determination of timing of GSR provision.

Orders

  • Remit to County Court to determine when February 2018 Gas Safety Record was provided to Ms. Rouncefield.
  • Final disposal of appeal to be made after County Court determination.