Gas certificates, section 21 and renewal of tenancy

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    Gas certificates, section 21 and renewal of tenancy

    Hello - I rent a residential flat to a young couple. When they first moved in, they signed a 1-year AST and I gave them a copy of the then-current gas certificate before they moved in. All good.
    A year later, we renewed and signed a fresh 1-year AST. But that time I failed to give them a copy of the (more recent) gas certificate.
    I'm reading about the court judgment which says that failure to give a gas certificate "to each new tenant" means I can't use section 21. My question is, are renewing tenants "new tenants" (ie am I stuck in the 'can't use section 21' trap) or are they treated as the same people as before in which case I did serve a notice when they were new tenants the first time?
    Thanks!

    #2
    But had you or the gas man not already given tenant a new certificate when it was done?

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      #3
      I think the requirement applies to replacement tenancies but not periodic tenancies. Yours sounds like a replacement tenancy, which I assume was after 1 Oct 2015. Whether you could argue that your original service of the GSC complies with the requirement to issue it before the new tenancy started and that service of subsequent GSCs outside the 28 days limit does not in itself invalidate a s21 I don't know. Other forums members may be able to offer more help in this regard.

      Comment


        #4
        The requirement is not to provide the GSC before the tenancy starts, but
        a copy of the last record made in respect of each appliance or flue is given to any new tenant of premises to which the record relates before that tenant occupies those premises
        (Gas Safety (Installation and Use) Regulations 1998).

        Therefore it appears to be per tenant, not per tenancy.

        But there is the requirement to do a check within 12 months of "deadline date" (expiry of previous certificate); failure just does not affect ability to issue S21 notice.

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