In a recent legal battle at Hastings County Court, Mrs. Van-Herpen, a landlord, faced a setback in her pursuit of a Section 21 possession claim against tenants Green & Green. The court not only dismissed her claim but also mandated compensation for the tenants’ legal costs. The crux of the issue? Failure to provide crucial documentation related to a newly installed boiler.
The case, Van-Herpen v Green & Green, revolved around the absence of essential paperwork concerning a recently fitted boiler. The landlord attempted to serve notice in July 2022, initiating a dispute that traced back 17 months. The tenants contested the Section 21 notice’s validity, citing the absence of vital documentation they should have received.
Key Events in Question
Both sides presented differing accounts, yet they agreed on certain dates. The tenants moved in on September 5, 2018. A gas safety engineer confirmed the installation of a new boiler the following day. He asserted that, as a new installation, it necessitated a Building Regulations Compliance Certificate, not a Gas Safety Certificate, a point agreed upon by both parties. However, crucially, this certificate was never provided to the tenants.
Subsequent inspections, including one on November 14, 2018, did not yield Gas Safety Certificates, a fact contested by the landlord due to the boiler’s age, stating it was not legally required. The tenants finally received a Gas Safety Certificate after an inspection on October 30, 2019.
Critical Legal Questions
The case hinged on two pivotal inquiries:
- Did the landlord adhere to Gas Safety Regulations despite not furnishing the Building Regulations Compliance Certificate to the tenants?
- Did the landlord fulfil Gas Safety Regulations despite not providing Gas Safety Certificates after the November 14 inspection?
The landlord contended that the Section 21 Notice remained valid due to the eventual provision of a Gas Safety Certificate in 2019. Conversely, the tenants argued the landlord breached Gas Safety Regulations, rendering the notice invalid.
Court Ruling
Deputy District Judge Duncan Wright ruled in favour of the tenants on November 9. He rebuffed the landlord’s assertions, stating that the absence of Gas Safety Certificates following the 2018 inspections rendered the Section 21 Notice defective. Consequently, the claim was dismissed, and the landlord was directed to cover the tenants’ court costs.