The Deregulation bill is now in force. It changes how to renew a contract. It also changes new agreements.
This is an important ruling that came from a case of Caridon Property Limited –v- Monty Shooltz. A landlord could not issue a gas safety certificate after the tenancy started. He failed to serve it on the tenant before it begun. The judge referred to the Deregulation Act 2015. Failure to issue a gas certificate before the tenancy invalidates a Section 21 notice. The landlord had served the gas safety certificate on the tenant 11 months after the tenancy began. The judge decided that the landlord did not follow the prescribed requirements. The landlord had served a Section 21 Notice, but the judge ruled it invalid.
The landlord appealed the decision. The judge this time was a recognised and respected Housing barrister. The judge decided that the landlord did not follow the prescribed requirements. Any subsequent serving of the certificate would not rectify the matter.
The Ruling in Caridon Property Limited –v- Monty Shooltz is likely to be considered as definitive by the Courts.
The current gas safety regulations state that the tenants must receive a copy of the last gas safety. They must do so before occupation. However, the AST regulations state that the time limit does not apply.
Unfortunately, the housing minister has not been able to confirm anything.
This has massive and wide-ranging consequences for landlords. Please see our previous article on the Deregulation bill – https://harringtonslettings.co.uk/deregulation-bill-the-housing-deregulation-act-2105-are-you-compliant/
It is important that landlords ensure that they are fully compliant. We would suggest serving the gas safety certificates immediately. Once they are completed they need to be served. Please see here the article on gas regulation changes. Serving the gas safeties within 30 days of being done is now required.
Serving an EPC on a tenant before they move in is essential. Also ensuring the document served within 30 days of completion. If you are unsure to check with your letting agent or your solicitor. Additionally, feel free to read up about this on the government website – https://www.gov.uk/government/collections/energy-performance-certificates