These are unprecedented and uncertain times.
Covid 19 has impacted upon the lives of so many individuals/families around the world and for landlords in England and Wales in particular, the current stay by the Courts on most possession proceedings until after 23 August 2020 is creating additional concerns.
The law imposes various obligations upon a landlord prior to the start of an assured short hold tenancy. The Deregulation Act 2015 made it a requirement for landlords of assured short hold tenancies to prepare and disclose Energy Performance Certificates and where applicable Gas Safety Certificates to tenants.
Concerning Gas Safety Certificates, in the case of Caridon Property Limited v Shooltz  His Honour Judge Luba QC held that a valid Gas Safety Certificate had to be provided to the tenant prior to the tenant taking up occupation of the premises/property and that a later service of the Gas Safety Certificate was insufficient to free the landlord from the embargo on service of a section 21 notice. In short, due to Caridon Property Limited v Shooltz  a valid notice under Section 21 of the Housing Act 1988 (as amended) could not be served onto the tenant by the landlord to recover possession of their property on a non fault basis, if the Gas Safety Certificate was not provided to the tenant before they moved in. This punishment/sanction imposed by this case on landlords seemed very harsh indeed.
In the case of Trecarrell House Limited v Rouncefield a similar strict approach was adopted by His Honour Judge Carr QC. However, on appeal, on 18 June 2020, it was held by the Court of Appeal that provided a valid Gas Safe Certificate has been provided by the landlord to the tenant prior to service of a section 21 notice, the initial breach/ failure to provide the Gas Safety Certificate prior to occupancy of the property/premises is capable of being later remedied. The full citation and Court of Appeal decision can be found at the following link below.
As always, regardless of these uncertain times, at Verisona Law we are at hand to assist you with your landlord and tenant concerns. Whether it is providing initial tactical advice or the preparation of any notices or even issuing formal Court proceedings we are ready and happy to assist. Contact us today on 02392 98 1000 or email firstname.lastname@example.org
|__hssrc||session||This cookie is set by Hubspot whenever it changes the session cookie. The __hssrc cookie set to 1 indicates that the user has restarted the browser, and if the cookie does not exist, it is assumed to be a new session.|
|cookielawinfo-checkbox-advertisement||1 year||Set by the GDPR Cookie Consent plugin, this cookie is used to record the user consent for the cookies in the "Advertisement" category .|
|cookielawinfo-checkbox-analytics||11 months||This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".|
|cookielawinfo-checkbox-functional||11 months||The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".|
|cookielawinfo-checkbox-necessary||11 months||This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".|
|cookielawinfo-checkbox-others||11 months||This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.|
|cookielawinfo-checkbox-performance||11 months||This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".|
|__cf_bm||30 minutes||This cookie, set by Cloudflare, is used to support Cloudflare Bot Management.|
|__hssc||30 minutes||HubSpot sets this cookie to keep track of sessions and to determine if HubSpot should increment the session number and timestamps in the __hstc cookie.|
|ss||session||This cookie is set by the provider Eventbrite. This cookie is used for the functionality of website chat-box function.|
|TawkConnectionTime||session||Tawk.to, a live chat functionality, sets this cookie. For improved service, this cookie helps remember users so that previous chats can be linked together.|
|__hstc||1 year 24 days||This is the main cookie set by Hubspot, for tracking visitors. It contains the domain, initial timestamp (first visit), last timestamp (last visit), current timestamp (this visit), and session number (increments for each subsequent session).|
|_ga||2 years||The _ga cookie, installed by Google Analytics, calculates visitor, session and campaign data and also keeps track of site usage for the site's analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognize unique visitors.|
|_gat_gtag_UA_162540320_1||1 minute||Set by Google to distinguish users.|
|_gcl_au||3 months||Provided by Google Tag Manager to experiment advertisement efficiency of websites using their services.|
|_gid||1 day||Installed by Google Analytics, _gid cookie stores information on how visitors use a website, while also creating an analytics report of the website's performance. Some of the data that are collected include the number of visitors, their source, and the pages they visit anonymously.|
|hubspotutk||1 year 24 days||This cookie is used by HubSpot to keep track of the visitors to the website. This cookie is passed to Hubspot on form submission and used when deduplicating contacts.|
|_fbp||3 months||This cookie is set by Facebook to display advertisements when either on Facebook or on a digital platform powered by Facebook advertising, after visiting the website.|
|fr||3 months||Facebook sets this cookie to show relevant advertisements to users by tracking user behaviour across the web, on sites that have Facebook pixel or Facebook social plugin.|
|test_cookie||15 minutes||The test_cookie is set by doubleclick.net and is used to determine if the user's browser supports cookies.|