Landlords must ensure they comply with gas safety certificate requirements if they want to rely on a section 21 notice. A recent Court of Appeal decision has confirmed that failing to provide a valid gas safety record before a tenant moves into a property can make it impossible to serve a valid section 21 notice later.
What is a gas safety certificate and why does it matter?
A gas safety certificate (also known as a landlord gas safety certificate) confirms that gas appliances in a rental property have been checked and are safe to use by a Gas Safe registered engineer, in line with HSE gas safety guidance. Providing this certificate to tenants is not just a safety requirement, it is also essential for landlords who may want to regain possession of their property using a section 21 notice.
What did the Court of Appeal decide?
In Muca v El Amrani; Harker v Hubert [2026], the Court of Appeal confirmed on 30 April 2026 that landlords must provide a gas safety record to tenants before they first occupy the property. If this step is missed, it cannot be corrected later, even if later certificates were provided. As a result, any section 21 notice served will be invalid.
Why this matters for landlords and tenants
This decision highlights a key risk: landlords who did not provide a gas safety record at the start of a tenancy may be unable to rely on a section 21 notice that has been served on their tenants before the notices were abolished on the 1 May 2026 following the Renters’ Rights Act coming into force.
What landlords and letting agents should do now
Key actions to take
Landlords and agents should:
- Check the certificate was provided before tenants moved in and that you have a copy
- Ensure there is clear evidence of when documents were served
- Review tenancy onboarding processes
- Take advice if they are unsure whether a section 21 notice is valid
If the certificate was not provided at the correct time, alternative routes to possession may need to be considered.
Get in touch for advice
If you are concerned about whether a section 21 notice is valid, or want to review your tenancy documentation, our Property Litigation team can help. Please get in touch for tailored advice at propertylitigation@parissmith.co.uk.
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