Gas Safety Records and Section 21: Why Sidhu & Sidhu v Cassell & Cassell Matters for Landlords
Landlords and agents are well aware that compliance with gas safety regulations is essential not just for tenant safety, but also for maintaining the right to recover possession using a Section 21 notice. The recent case of Sidhu & Sidhu v Cassell & Cassell provides much-needed clarity on what happens when there’s a minor slip-up in the paperwork.
Background
The landlords served a Section 21 notice to regain possession of their property in Reading. Their tenants challenged the notice, arguing that the original gas safety record provided before the tenancy was missing the landlords’ address – a technical breach of the regulations.
Importantly, the landlords had carried out annual gas safety checks and provided fully compliant records during the tenancy. The dispute centred on whether that initial error meant the landlords could never rely on Section 21, even after correcting their compliance in subsequent years.
What Did the Court Decide?
Her Honour Judge Melissa Clarke dismissed the appeal and upheld the possession order. Here’s what mattered:
- Minor Mistakes Can Be Fixed: The court accepted that while the first gas safety record was missing the landlords’ address, this was a minor breach. Because the landlords provided two later, fully compliant records before serving the Section 21 notice, they had remedied the issue.
- Focus on Recent Compliance: The judge emphasised that the law requires landlords to provide the two most recent gas safety records before serving a Section 21 notice. There’s no need to retain or produce every record from the start of the tenancy.
- No Permanent Penalty for Small Errors: The decision makes clear that a minor administrative error in an old gas safety record doesn’t permanently block landlords from using Section 21, as long as compliance is demonstrated at the time of notice.
Why This Case Still Matters (Even With the Renters Rights Act)
It’s important to note that the window for relying on Section 21 is soon closing, with the Renters Rights Act set to bring major changes to possession procedures. However, for the coming months, Section 21 remains available, and landlords should be aware of the practical lessons from this case. Sidhu & Sidhu v Cassell & Cassell clarifies that minor historic errors in gas safety paperwork can be remedied, and do not automatically prevent the use of Section 21, provided compliance is up to date when the notice is served.
What Does This Mean for Landlords?
- Double-Check Your Records: Make sure every gas safety record includes all required details, especially the landlord’s name and address.
- Act Quickly on Errors: If you spot a mistake, provide corrected records as soon as possible (before serving any possession notice).
- Keep the Latest Records: Retain and be ready to produce at the very least the two most recent gas safety certificates when seeking possession.
- Section 21 Is Still Available (for Now): As long as you’re compliant now, you can still use Section 21 until the new legislation comes into force.
Final Thoughts
Sidhu & Sidhu v Cassell & Cassell is reassuring for landlords. It confirms that minor, historic paperwork errors can be remedied and will not automatically prevent the use of Section 21. The key is to maintain up-to-date compliance and address any issues promptly. With the Renters Rights Act on the horizon, it’s more important than ever to understand your obligations and act swiftly if you intend to rely on Section 21 in the near future.
Blog By: Holley Henden (Litigation Solicitor)
If you have questions about gas safety compliance or Section 21 procedures, please do not hesitate to contact us on 01323 875050.
