Section 21 thrown out: gas safety certificate handed over after move-in date
A landlord's possession claim was struck out because the Gas Safety Certificate was given to the tenant two days after the tenancy began, not before.
1 min read · Last updated 17 May 2026
Case details
Key facts
- The GSC itself was valid and in date — only the timing of service was at issue
- The certificate was emailed two days after move-in
- The tenant was not in any rent arrears
- The deposit was correctly protected
- The "How to Rent" guide had been provided
Timeline
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Tenancy granted
A 12-month AST was signed and the tenant collected the keys on 10 April 2022.
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Gas Safety Certificate handed over
The landlord emailed the GSC to the tenant on 12 April — two days after the tenancy began.
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Section 21 notice served
Two months before the end of the fixed term, the landlord served a Form 6A Section 21 notice.
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Possession claim filed
When the tenant did not leave, the landlord issued a Part 55 claim via the accelerated possession procedure.
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Possession refused
The judge held the Section 21 notice was invalid because the GSC was not given before the tenant moved in.
The legal issue
Whether failure to provide a Gas Safety Certificate before the tenant takes up occupation can be remedied later, in light of Trecarrell House Ltd v Rouncefield (2020).
The outcome
The judge applied the Court of Appeal decision in Trecarrell House Ltd v Rouncefield (2020) EWCA Civ 760. The majority in Trecarrell held that a late-served expired GSC could be remedied, but the rule about the initial certificate (regulation 36(6)(a) of the Gas Safety (Installation and Use) Regulations 1998) was stricter: a GSC valid as at the start of the tenancy must be given to the tenant before they occupy the property.
Here, the GSC was emailed two days after move-in. That was held to be a breach of regulation 36(6)(a) that could not be remedied. Under section 21A Housing Act 1988 the Section 21 notice was invalid.
The possession claim was dismissed. The landlord was ordered to pay the tenant's costs of £1,150 on the standard basis.
Lessons & takeaways
- The Gas Safety Certificate must be in the tenant's hands **before** they take occupation. Even two days late is fatal.
- This requirement cannot be remedied by serving the GSC later — the Trecarrell exception for renewals does not apply to the original certificate.
- A perfectly valid Section 21 process can still fail on a single procedural step.
- Tenants facing possession should always check the timing of when the GSC was actually received, not just whether it exists.
Trecarrell — and where it doesn't help
The Court of Appeal's decision in Trecarrell House v Rouncefield is often cited by landlords trying to fix late paperwork. It's important to understand exactly what it does and doesn't allow.
What Trecarrell does allow: A landlord who fails to serve a renewal GSC (when the previous certificate expires during the tenancy) can serve it later and still rely on Section 21.
What Trecarrell does not allow: Late service of the initial GSC — the one that must be in date and in the tenant's hands before they move in. The majority in Trecarrell was explicit that this requirement under regulation 36(6)(a) cannot be cured.
That distinction is the entire reason this case turned out the way it did.
How tenants identify a defect like this
Three things to check carefully when fighting a Section 21:
- The dated email or letter by which you received the GSC — not just whether you have one now
- The expiry date on the certificate at the start of the tenancy
- The date you moved in versus the date the GSC was given
If the GSC was provided after move-in (even by hours), regulation 36(6)(a) was breached and Section 21 is blocked.