Why provide a Gas Safety Certificate before commencement of the tenancy?
In relation to tenancies starting or renewing on or after 01 October 2015, if a Landlord failing to serve a gas safety certificate on the Tenant prior to them moving into the property, the Landlord will be precluded from using section 21 of the Housing Act 1988 (“HA”) to obtain possession of the property on no fault grounds. Whilst Landlords can still end the tenancy by serving notice under section 8 of the HA, this usually requires some wrongdoing by the Tenant, and thus this course of action would not be available if the Tenant was not in breach.
This February 2019, a case was considered and involved an AST granted on 20 February 2017. Hot
water and heating were provided by a boiler outside the flat. No gas safety certificate had been
provided or displayed before the start of the tenancy, but one was served prior to the Landlord serving
a Section 21 Notice.