Maksim Muca v Rachida Rechia El Amrani; Helen Harker & Ors v Hugues Hubert & Anor

Maksim Muca v Rachida Rechia El Amrani; Helen Harker & Ors v Hugues Hubert & Anor

Failure to provide a pre-occupation gas safety certificate to the tenant before first occupation under an assured shorthold tenancy is fatal to the validity of a section 21 notice, even if subsequent certificates were provided and the tenancy was renewed after the relevant statutory provisions came into force.

Parties
Claimant/respondent: Maksim Muca; Defendant/appellant: Rachida Rechia El Amrani; Claimant/appellant: Helen Harker; Claimant/appellant: Hymer Powell; Claimant/appellant: Juliana Francisca Benjamin; Defendant/respondent: Hugues Hubert; Defendant/respondent: Radia Hamdaoui
Jurisdiction
England and Wales
Judgment Date
30 April 2026
Procedural Posture
Civil Appeal (landlord and Tenant) / Court of Appeal Judgment
Outcome
Trustees' appeal dismissed; Ms El Amrani's appeal allowed.
Legal Topics
Assured Shorthold Tenancy, Section 21 Notices, Gas Safety Regulations, Retrospective Application of Statutory Requirements
Landlord and Tenant Housing Law Assured Shorthold Tenancy Section 21 Notices Gas Safety Regulations Retrospective Application of Statutory Requirements

Case Brief

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Parties

Maksim Muca

Claimant/respondent

Rachida Rechia El Amrani

Defendant/appellant

Helen Harker

Claimant/appellant

Hymer Powell

Claimant/appellant

Juliana Francisca Benjamin

Claimant/appellant

Hugues Hubert

Defendant/respondent

Radia Hamdaoui

Defendant/respondent

Procedural Posture

Civil Appeal (landlord and Tenant) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether failure to provide a pre-occupation gas safety certificate under regulation 36(6)(b) of the Gas Safety (Installation and Use) Regulations 1998 invalidates a section 21 notice under the Housing Act 1988, even if subsequent certificates were provided and the tenancy was renewed after the relevant statutory provisions came into force.

Ratio Decidendi

Failure to provide a pre-occupation gas safety certificate to the tenant before first occupation under an assured shorthold tenancy is fatal to the validity of a section 21 notice, even if subsequent certificates were provided and the tenancy was renewed after the relevant statutory provisions came into force.

Court Disposition

Trustees' appeal dismissed; Ms El Amrani's appeal allowed.

Orders

  • Possession order in favour of Mr Muca set aside; claim struck out.
  • Possession order in favour of the Trustees set aside; claim dismissed.