Manjinder Kaur Atwal
Duncan Lewis’ Housing team recently informed Chronicle Law of a successful outcome for two of their clients in the Autumn of 2024, who defended a section 21, ‘no fault eviction’, claim brought against them. The issues from the trial and outcome may have further judicial considerations.
Manjinder Kaur Atwal writes:
The trial, which took place on 19 September 2024, dealt with two main issues:
- The signature on gas safety certificates
- The late carrying out of gas safety checks
Signature on gas safety certificates
Our clients, the tenants of private landlords, had a number of gas safety inspections conducted on the property between the commencement of their tenancy, in 2014, and 2023, when the section 21 notice was received. The majority of these inspections were arranged by the landlords in an attempt to comply with ??the Gas Safety (Installation and Use) Regulations) 1998 – if the landlords do not comply with these regulations, they cannot evict their tenants under the section 21 mechanism.
The majority of these gas safety inspections were conducted by British Gas engineers. However, it was our clients’ defence that none of the gas safety certificates issued by British Gas were signed by the engineers. The requirement for the certificates to have the engineer’s name and signature is found in regulation 36(3)(c)(viii) of the Gas Safety Regulations:
‘(3) Without prejudice to the generality of paragraph (2) above, a landlord shall—
….
(c) ensure that a record in respect of any appliance or flue so checked is made and retained [F3until there have been two further checks of the appliance or flue under this paragraph or, in respect of an appliance or flue that is removed from the premises, for a period of 2 years from the date of the last check of that appliance or flue], which record shall include the following information—
…
(viii) the name and signature of the individual carrying out the check’
Our clients’ gas safety certificates stated ‘This safety record is signed by electronic signature by [SPACE] Print name’. In the space designed to bear a signature of the engineer, there were no signatures on any of the British Gas certificates.
It was the landlords’ position that the typed name of the engineer, which was contained in each of the British Gas certificates, constituted a valid signature or at the very least, substantial compliance with the requirement for a signature.
The Court found that, as a matter of principle, substantial compliance with the 1998 Regulations is permissible, in this case the typed name of the engineer in the certificate did not constitute substantial compliance. The court considered that there may be circumstances in which the typed name of the engineer could constitute a valid signature, but this was not the case here.
Given that there were no signatures on almost all of the gas safety certificates, dating from 2014 until 2023, it would suggest this may not be a case of one particular gas engineer failing to sign the certificate. Instead, this may suggest that there is a problem with how British Gas either produces their certificates or how its engineers are told to fill out the certificates.
What next for the Gas Safety Regulations?
An interesting issue that may require further judicial consideration is whether strict or substantial compliance with the 1998 regulations is required. The district judge in this case considered that substantial compliance was the correct approach to adopt in this context, citing the adoption of the same approach of the Court of Appeal in other areas.
Can this be right? It is difficult to think of a duty of landlords that is more important than complying with the Gas Safety Regulations, and the adoption of a strict, albeit onerous, approach to compliance is arguably therefore justified. Compliance with the Gas Safety Regulation is, after all, very different to the other contexts in which the courts have approach of a ‘substantial compliance’ approach.
In discussing the matter, Housing Director Manjinder Kaur Atwal said: ‘This ruling reinforces the importance of full compliance with gas safety regulations. Landlords must ensure certificates are properly signed, or risk invalidating Section 21 notices. For tenants, this provides a stronger legal defence against eviction, while also raising questions about industry practices. While this case may not set a binding precedent, it could serve as a persuasive authority and potentially influence future legislation, especially with the Renters’ Reform Bill on the horizon.’
It remains to be seen whether a higher court would endorse the ‘substantial compliance’ approach of this district judge. It may be that with the advent of the Renters Reform Bill that this is a question which becomes academic.
About the Instructing Team
Manjinder Kaur Atwal, Director of Housing, is recognised by the Chambers UK legal directory as a UK-wide notable practitioner, offering strength across a wide range of social housing matters, including interim relief and homelessness applications. She heads a Housing Team ranked Tier 1 across the South East by The Legal 500 for its “excellent knowledge of the law” and “extensive experience”. The department is recognised as a market-leader in all areas of social housing and property litigation including disrepair, unlawful evictions, homelessness, possession disputes, and complex judicial review matters. Contact Manjinder via email at manjindera@duncanlewis.com or by telephone at 07342 081 785.
Richard Mahal is a solicitor in the housing team, working in close conjunction with the departmental director, Manjinder Atwal, and managing a team of caseworkers. Richard’s interests lie in the areas of disrepair litigation, defence of possession proceedings, and claims brought under the Environmental Protection Act 1990.
Jacqueline Hovell is a Caseworker in the Housing Team at the City of London, working under the supervision of Director, Manjinder Kaur Atwal and Solicitor, Richard Mahal. She works on all issues related to housing, including possession and eviction proceedings, disrepair litigation, succession proceedings, judicial reviews and more.
Duncan Lewis’ Housing Team
Duncan Lewis’ Housing team, ranked by The Legal 500 directory as a Top Tier practice for its services, offers both publicly funded (legal aid) and privately funded legal services from 14 key offices nationwide. Duncan Lewis Housing Solicitors can guide clients in any matter or issues arising with local housing authorities, housing applications, tenants, landlords, ownership and repairs. With a niche expertise in unlawful eviction, disrepair and homelessness matters the team offers representation in all proceedings including reviews, appeals and judicial review proceedings.
Duncan Lewis Solicitors
Duncan Lewis is an award-winning Times Top 200 law firm, which is ranked as Top Tier by both the Chambers and Partners and Legal 500 directories. The company represents clients in more than 25 practice areas across 13 key offices nationwide. This year the company was crowned Law Firm of the Year at the Modern Law Awards 2023 and awarded for its commitment to diversity and inclusion.