Q&As

When a fixed term AST was entered into a gas safety certificate was served. There is a continuous run of further certificates but at one point (coronavirus (COVID-19)/lockdown) there was 15-month gap between certificates. One of the other tenants in the building was vulnerable. Will this gap prevent service of a valid section 21 notice even though there is a current gas safety certificate? Will it make a difference that the gap was in the fixed term and it is now a periodic tenancy?

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Published by a LexisNexis Property Disputes expert
Published on: 28 March 2024
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This Q&A has assumed that the tenancy was granted on or after 1 October 2015.

Under section 21A of the Housing Act 1988 (HA 1988), a notice under HA 1988, s 21 (a 'section 21 notice') cannot be given 'at a time when the landlord is in breach of a prescribed requirement'.

The 'prescribed requirements' are set out in regulation 2 of the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015, SI 2015/1646 and include the requirements in 'paragraph (6) or (as the case may be) paragraph (7) of regulation 36 of the Gas Safety

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