The power of Gas Safety Certificates when recovering possession of a property

Why are Gas Safety Certificates significant when recovering possession of a property through a Section 21 notice? Our property litigation specialist explains more.

Landlords are required to have a valid Gas Safety Certificate (GSC) maintained throughout the duration of the tenancy. This is essential for both the protection and safeguarding of your tenants, but also to comply with your legal obligations as a landlord. Although obtaining a GSC may seem straightforward, there are technicalities set out in the Gas Safety (Installation and Use) Regulations 1998 which can often catch out landlords, leading to problems down the line when trying to recover possession of a property.

A noteworthy case that emphasises these technicalities is Barakzai and Barakzai v Fenech. This case brought to light key issues surrounding the complications that can occur, rendering your GSC invalid.

Signature

The main issue discussed was whether the omission of the engineer’s signature invalidated the GSC.

The certificates were not signed by the engineer in the required section and the judge explained that the signature was required as a validation of the accuracy of the inspection and not only to identify the engineer. The judge found that any unsigned GSC was deemed invalid, leading to an ineffective Section 21 possession claim in this case. As such, landlords are encouraged to check their GSCs have been signed correctly to avoid complications down the line regarding possession.

The judge indicated that a printed name could amount to a valid signature. However, a printed name has to be added at the time of inspection, and not part of a pre-filled form.

Landlords’ details

A second issue touched upon in Barakzai was the absence of the landlord’s name and address from the GSC. The landlord’s information is important for affirming accountability, and therefore compounding the importance for landlords to review their certificates upon completion of the inspection.

Inspection dates

The tenants also raised concerns surrounding the requirement for the gas safety inspection to be carried out within 12 months of the previous one. This is a key regulation which should be carefully complied with by landlords. Maintaining continuous compliance and adhering to the formalities surrounding yearly gas safety inspections is paramount.

As a landlord, it is a requirement to have a GSC at the start of the tenancy, to indicate the property is safe when the tenant moves in. Moving forward, annual inspections are required to ensure the ongoing safety of the property. Additionally, GSCs should be provided to the tenant within 28 days of the safety check.

Impact

Although the decision in Barakzai is not binding, it is likely to be persuasive and so it should be adhered to by landlords to ensure the validity of GSCs.

What can landlords do when recovering possession of a property?

When serving a Section 21 notice to recover possession of a property, ensure you meets all requirements of a GSC, including:

• making sure it is correctly signed
• ensuring the name and address of the landlord is included
• carrying out annual inspections
• provide a GSC within 28 days of the safety check.

If you need help with any of the issues highlighted above, please contact one of our expert property litigation solicitors. We’d be happy to help.

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