Tenants’ lawyers have issued a challenge at the Court of Appeal over whether landlords can rely on “no-fault” eviction notices if safety rules are not followed.

Housing lawyers at Duncan Lewis Solicitors are representing tenants in two linked appeal cases questioning whether a landlord can obtain possession where the legally required gas safety certificate was not provided before the tenancy began, as required under the Gas Safety (Installation and Use) Regulations 1998.

Eviction overturned

In the original case, a landlord secured a possession order using Section 21. However, the decision was later overturned after it emerged the tenants had not received a gas safety certificate at the start of the tenancy. The landlord is now appealing that ruling.

The Court of Appeal is also considering whether the case should be heard alongside Muca v El Amrani, a related appeal raising similar questions about gas safety compliance and the validity of the eviction notices.

The Court of Appeal’s decision is potentially influential for tenant safety and landlord compliance nationwide.”

Manjinder Kaur Atwal (pictured), Director of Housing and Property Litigation at the firm representing the tenants, says: “This appeal is about more than one eviction. It questions whether landlords can bypass vital safety obligations. Gas safety rules protect tenants from serious harm, and these safeguards must be upheld.”

She adds: “The case comes as the Government’s forthcoming Renters’ Rights Act signals major reform for the private rented sector, including the eventual abolition of Section 21 evictions. Until then, thousands of tenants remain affected, making the Court of Appeal’s decision is potentially influential for tenant safety and landlord compliance nationwide.”