Gas Safety: Kaur v Griffith

This recent case involved Ms Kaur and her shorthold tenant; Ms Griffith who’s tenancy began in December 2016. This tenancy became statutory periodic in June 2017.

In June 2019, a possession order was made following a s21 notice. The tenant then filed an application to set this order aside on the grounds that she did not receive the certificate for a gas safety inspection conducted in December 2016. The landlady asserted that the tenant was given the certificate on the date of signing the tenancy agreement. The landlady further stated that another inspection was conducted in January 2018 and that certification was also provided to the tenant. Again, the tenant denied this.

The tenant’s counsel also pointed out that these two occasions were more than 12 months apart; meaning that the landlord failed to comply with paragraph 2(1)(b) of the AST Regulations which sets out the legal requirements that the landlord should have complied with. This paragraph states that landlords must comply with Regulation 36 of the Gas Safety Regulations 1998. The judge accepted this and the possession order was set aside.

What’s important to note is that the decision was made on the basis that Regulation 36(3)(a) was breached by the safety checks being more than 12 months apart. This may be an incorrect decision as paragraph 2(1)(b) of the AST Regulations only makes reference to Regulation 36(6) and 36(7), not the whole of Regulation 36.

Although non-compliant with Regulation 36(3)(a), the landlord was compliant with 36(6) which only requires for the landlord to provide the tenant with gas safety certification within 28 days of the inspection date.

This is only a County Court decision and is not binding. However, if this decision is followed in subsequent cases, it could spell a drastic change in the way things are done.

Email Simon Parrott

Email Nastassia Khilkevich

Lettings eBrief 22 August 2019