24/07/2020
Richard Cherry of 1 Chancery Lane appeared for the Respondent. A fuller note of Richard’s analysis of the Court of Appeal’s decision can be found here
THE HEADLINE
The First Question
Does failure to give a tenant a copy of a Gas Safety Record (‘GSR’) before the tenant begins to occupy as required by Reg 36(6)(b) of the Gas Safety (Installation and Use) Regulations 1998 (‘the Regulations’) preclude reliance on a section 21 notice?
The Second Question
Can a landlord comply with the requirement in Reg 36(6)(a) to give an existing tenant ‘a copy of the record made pursuant to the requirements of paragraph (3)(c)’ by giving a record of a check made outside the 12 months stipulated by Reg 36(3)(a)?
THE DECISION
The First Question
The Second Question
7.The Second Question received less attention and appears not to have come before the courts previously. The tenant’s argument was based on the landlord’s obligations in
The Impact
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