A recent ruling at Hastings County Court in December 2023 has shed light on the responsibilities of landlords and letting agents regarding gas safety checks, underscoring the need for immediate provision of records to tenants. This obligation extends beyond instances of new gas appliance installations or within the initial twelve months of a tenancy. Failure to adhere to this could result in severe consequences concerning property repossession.
The specific case addressed the requirements arising when a new gas device, such as a boiler, is installed after a tenancy has commenced. It potentially establishes a precedent mandating landlords or agents to promptly furnish tenants with pertinent gas safety documentation, even for brand-new appliances.
The implications of this decision carry weight, particularly in scenarios where a landlord installs a new boiler shortly before leasing a property. In such cases, the absence of a Gas Safety Certificate might impede the use of a Section 21 notice for eviction, a crucial legal step in regaining possession.
However, it’s crucial to note that while this County Court decision provides insights into the current interpretation of the law on this matter, it stands as a first-instance ruling and does not impose legally binding precedents on other courts.
The case revolved around the installation of a new boiler, occurring the day after tenants moved in. The gas safety engineer performed necessary commissioning checks but did not issue a Gas Safety Certificate (GSC). Instead, they provided a Building Regulations Compliance Certificate (BRCC), which was never handed to the tenants.
Subsequently, during a follow-up visit due to boiler issues, another safety check took place, but again, no GSC was issued because the boiler was less than a year old.
When the landlord served a Section 21 notice for possession, the tenants contested its validity, citing non-receipt of either the BRCC or the GSC for the conducted checks.
The Deputy District Judge ruled that checks performed by the engineer during installation and the subsequent visit constituted “relevant checks” under regulation 26(9) of the Gas Safety (Installation and Use) Regulations 1998. Therefore, records of these checks should have been promptly created and provided to the tenants, as mandated by regulations 36(3) and 36(6)(c).
The Court’s stance highlighted that the obligation for a safety check within 12 months of installation did not exempt the landlord or agent from providing records for checks conducted earlier.
The failure to provide the BRCC or a GSC from the November inspection invalidated the Section 21 notice, underscoring the critical importance of timely documentation provision in such cases.