Can I evict a tenant after buying a property with no Gas Safety certificate?

Reply to the comment left by Craig Vaughan at 05/12/2024 - 14:37
Correct. Right up until it wasn't.
The case of Trecarrell House v Rouncefield gave landlords the ability to correct past errors in certain circumstances. This case limits that relief.
Unless this landlord can get hold of a gas safety certificate dated prior to the tenant taking residence, then he has the choice of either relying solely on a Section 8, or starting a legal case that will likely be taken to the Supreme Court.
I don't know about you, but I wouldn't advise anyone down that route unless the potential gains outweighed the certain costs. This is why the reason for him seeking the eviction may be important.
Personally, while many think the 2015 legislation was 'unclear', I have subsequently always used a checklist to ensure that the tenant has all the required documentation and had him sign it in front of a witness. Haven't you?
Personally I still think his best chance is via the disclosure route.

There are many cases where the Law seems to be ridiculous. This is one of them.

It was never the intention of the original lawmakers that failure to provide a GSC at the start of a tenancy would invalidate Section 21 forever.

But, this is how a judge has interpreted it and it is pointless trying to argue otherwise.

Of course, judges are not experts in the law. They interpret it when a case is brought before them. If the tenant is legal team don’t mention it, the judge is not likely to include it in their judgement.

What’s needed is a new law that clearly sets out the requirements for Section 22. Instead, Section 21 is being abolished so the problem of an unclear law disappears.

The next issue is the landlord/tenant relationship,

The landlord clearly wants to gain possession. Despite relying on Section 21, there will be a reason.

If I was the landlord, I’d use Section 8 or, I would raise the rent to the highest possible level every year and without fail.

Reply to the comment left by Cider Drinker at 05/12/2024 - 15:46
"or, I would raise the rent to the highest possible level every year and without fail."
Absolutely.
But there is also the option of a negotiated settlement, which is why "Why" and "How badly do you want them out" is relevant imho

Reply to the comment left by Steve Rose at 05/12/2024 - 10:47
Byrne v Harwood Delgado is a key case. It is however not a legal precedent. So judges don't have to apply it to their cases.

So you can get a new gas safety check done now, and then attempt to evict. But their is no guarantee of success especially if the tenant has successfully used "Byrne v Harwood Delgado" in a previous defence to s21 with the last landlord.

You likely can't use s21, and will have to wait for a mandatory s8 reason, which are few and far between.

Reply to the comment left by Michael Mousing at 05/12/2024 - 15:24
No need to apologise: you're not disagreeing with me, but with the judgement in the case I quoted. Personally I disagree with it too, but you wouldn't catch me funding barristers in the Supreme Court to argue it!

Reply to the comment left by Jonathan Willis at 05/12/2024 - 16:07
Good luck finding a judge who will go against it though. Byrne v Harwood Delgado clarified a position that was already implicit from the Trecarrell case, (which was a court of appeal case and therefore binding on the lower court).

Reply to the comment left by MasterG at 05/12/2024 - 10:02
The question I ask is.
Why do people on here post in a knowledgeable affirmative manner if they are not correct?

Reply to the comment left by Craig Vaughan at 05/12/2024 - 14:37
But only if the gas service was done.

Trecarrell House v Rouncefield, this case can be used as evidence that you can serve documents late, including just before / with the s21 notice. Which is common.

Byrne v Hardwood-Delgado, is where a gas saftey check wasn't completed, before the tenancy started. Doing a check at any point after the tenancy starts doesn't remove the requirement to have one before the tenancy starts and since you don't have a time machine, you can't go back and satisfy this requirement making an s21 impossible.

There is still an open debate if you need to do annual checks or if just serving the one before the tenancy and one within the last 12 months is sufficient.

Obviously if a tenant isn't aware of the case law, you can attempt it anyway, but the OP has pointed out, an s21 has already failed as the defence was made by the tenant and successful in stopping a possession order.

Reply to the comment left by Craig Vaughan at 05/12/2024 - 14:37
Hi great comment Craig , but could I ask if you can supply the gas cert carried out only a week ago , before serving section 21 .

Reply to the comment left by Steve Rose at 05/12/2024 - 15:34
The
Great knowledge about tenants law great ! .
My tenant actually forged a tenancy contract and turned up in front of a Judge in court with it and presented it to the judge as , my solicitor said no one would believe they had faked it , and now the onus was on me to prove otherwise.