Crowd Justice appeal: Gas Safety Certificate and Section 21

Well done to the RLA for supporting this critically important case. I will be donating today and urge others to. If Section 21 is abolished and the 'traps' currently in existence preventing the serving of a Section 21 are ported over to Section 8, this will be of huge importance to all landlords.

This flat did not have any gas appliances, but the gas safety certificate was still issued after the tenancy started and before the section 21 notice was served.

Am I reading this correctly?
Are we expected to have provided a GSC even when the property has no gas appliances???

Reply to the comment left by Denise G at 21/08/2019 - 10:55I think you read it correctly Denise "This flat did not have any gas appliances, but the gas safety certificate was still issued....." Like you I was confused. Surely no gas, no certificate required. Perhaps it simply had a gas boiler, in which case a certificate is a must, but I'm only guessing. Otherwise, as you say, why would you need a gas certificate for something that doesn't exist? Perhaps someone can clarify.

Reply to the comment left by Sue Twyford at 21/08/2019 - 11:16
A gas boiler is an appliance. I would think the landlord would have obtained a certificate for the supply. A Meter inside the property may well have pipes that feed potential appliances and these should be checked for gas tightness.
Agree it is confusing.
Good to RLA funds being used for the greater benefit too.

Reply to the comment left by Denise G at 21/08/2019 - 10:55
Extract from reports of the case to clarify the issue: "The tenancy was an AST granted 20 Feb 2017 of a self-contained flat in a domestic property. Hot water and heating were provided by a boiler outside the flat. It was common (ground) that no Gas Safety Certificate had been provided or displayed before the start of the tenancy but one was served prior to the service of the Section 21 Notice on 1 May 2018."

Reply to the comment left by Seething Landlord at 21/08/2019 - 11:36
The important issue to be decided by the Court of Appeal is whether the failure to provide the required certificate at the correct time can be rectified by providing it subsequently.

The facts of the case and the breach of the requirement to display/provide a certificate are not disputed.

so no gas in the property still = no GSC required - as common sense (but not necessary the legal requirements on private landords) would normally indicate

I think I can recall (have not checked) that this is a bedsit HMO and the landlord's argument was that the tenant rents the bedsit room and not the communal areas where the boiler is located. As such, despite having a valid certificate, the LL did not provide the gas safe certificate to the tenant. Similar approach to EPC's.

If the appeal considers only the facts of this case, then I don't see how human rights comes into it, as the LL is not a human.

Murderers are allowed to reform but not a landlord who commits a clerical error or innocently suffers at the hands of a tenant who denies/can't remember receiving a certificate. It is clearly not right.

What about a block of flats, each flat owned by different landlords?

I provide my certificate but this does not presume neighbouring landlords are so diligent. A bad appliance upstairs could potentially damage the life expectancy of all.

Should the prospective tenant have visibility of all certificates from all units plus any appliances that provide a common service e.g. basement boiler room before commencing the tenancy? Should the freeholder provide their certificate?

Hamish