Section 21 gas safety battle heads to Supreme Court
Summary
The Supreme Court is set to hear Harker v Hubert, a case testing whether a Section 21 notice can be valid where a gas safety certificate was allegedly not provided at the start of the tenancy and may not have been available at all. The dispute turns on how the Gas Safety (Installation and Use) Regulations interact with the post-2015 Section 21 requirements under the Housing Act 1988 and the Deregulation Act 2015.
Why it matters
This is directly relevant to residential surveyors involved in landlord compliance, as gas safety documentation remains central to possession proceedings and tenancy management. The outcome may affect ongoing Section 21 cases in England and similar restrictions in Wales, with implications for letting agents and landlords handling historic tenancies.
Key points
- Supreme Court will hear an appeal in Harker v Hubert on Section 21 validity and gas safety certificate requirements.
- The case focuses on whether a gas safety record must have been provided before first occupation and what happens if no certificate can be evidenced.
- The issue arises from changes made by the Deregulation Act 2015 to the Housing Act 1988.
- A prior Court of Appeal case, Trecarrell House v Rouncefield, allowed some flexibility where a certificate existed before occupation but was not given to the tenant.
- The article notes that many Section 21 cases are still active in county courts and that Wales has a similar restriction for its equivalent process.
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