The landlord has been granted permission to appeal against the Court of Appeal’s decision in respect of whether it is necessary for the landlord to have served the tenant with a gas safety certificate prior to occupation before a valid section 21 notice can be served. 

The tenant went into occupation before the Deregulation Act 2015 but then signed a series of tenancies post-dating the Act. The landlord sought possession of the property in reliance on a Section 21 notice and the tenant sought to defend those proceedings based on non-compliance with the Prescribed Requirements, namely the landlord’s failure to provide a gas safety certificate from when the tenancy commenced in 2007. At the heart of the dispute was a key question:

Must a landlord prove that a gas safety certificate was provided before the tenant first occupied the property in order to serve a valid Section 21 notice?

The landlord said that whilst the gas checks had been carried out since 2004, they could not for certain confirm whether this had been served on the tenant, and they could now not locate a copy.

In the initial possession hearing, the Deputy District Judge found that on the balance of probabilities, the landlord had complied with the requirements and made a possession order. 

There then followed a series of appeals:

The tenant appealed to County Court – The Judge found that it was essential for the landlord to have provided the tenant with a gas safety certificate pre-occupation and so allowed the tenant’s appeal. 

The landlord appealed to the Court of Appeal – in a Judgment handed down on 30 April 2026, the Court ruled that no section 21 notice can be relied upon where a landlord has failed to provide the tenant with a copy of the last gas safety record obtained prior to the tenant’s first occupation. This was even where the tenant occupied before it was made a prescribed requirement to have done so. 

The Supreme Court has granted the landlord permission to appeal against this decision.

[It is noted that the initial appeals were connected to the case of Muca v El Amrani – but no appeal has been confirmed at present]. 

Why does this matter?

While the Renters' Rights Act 2025 means private landlords can no longer serve Section 21 notices or issue possession claims based on previously served section 21 notices, the outcome of this appeal remains important for:

• Existing possession claims that are already progressing through the courts.
• Social housing providers that may face similar compliance issues.
• Landlords and housing professionals seeking clarity on historic gas safety requirements.
• Legal practitioners advising on possession proceedings and compliance obligations.

The Supreme Court's decision could have significant implications for cases where landlords are unable to prove service of historic gas safety certificates.

Looking ahead

The appeal is expected to be heard in early 2027, and the housing sector will be watching closely for the Supreme Court's guidance.

We will continue to monitor developments and provide updates as the case progresses.

If you have any questions about this case or its potential impact on your organisation, please get in touch.