The Court of Appeal is hearing a challenge over whether landlords can issue Section 21 eviction notices when gas safety regulations have not been followed.
Duncan Lewis Solicitors is representing tenants in two linked appeal cases examining whether landlords can obtain possession orders when the legally required gas safety certificate was not provided before the tenancy began, as required under the Gas Safety (Installation and Use) Regulations 1998.
Case background
In the original case, a landlord secured a possession order using Section 21. The decision was subsequently overturned after it emerged the tenants had not received a gas safety certificate at the start of the tenancy. The landlord is now appealing that ruling.
The Court of Appeal is also considering whether the case should be heard alongside Muca v El Amrani, a related appeal raising similar questions about gas safety compliance and the validity of eviction notices.
Manjinder Kaur Atwal, Director of Housing and Property Litigation at Duncan Lewis Solicitors, said: “This appeal is about more than one eviction. It questions whether landlords can bypass vital safety obligations. Gas safety rules protect tenants from serious harm, and these safeguards must be upheld.”
Implications for landlords
The case is being heard as the Government’s Renters’ Rights Act signals changes for the private rented sector, including the eventual abolition of Section 21 evictions. Until that legislation takes effect, thousands of tenants remain affected by the current rules.
The Court of Appeal’s decision could have implications for tenant safety requirements and landlord compliance across the private rental sector.
