There has been a great deal of concern about the impact and effect of The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 which currently apply to tenancies post October 2015. Until very recently it was thought that as long as you served the Gas Safety Certificate, before a s.21 notice was served then the notice would be valid.
However the case of Caridon Property Ltd v Monty Shooltz has now indicated that on a construction of the regulations this is not correct. The Judge at first instance indicated that the notice was invalid as the certificate had not been served until 11 months after the tenancy began. HHJ Luba sitting at the county court of Central London agreed.
On a construction of the section, if you do not serve the Gas safety certificate and we would suggest the EPC, prior to the start of the tenancy, you will be precluded from utilising the s.21 procedure. Unlike cases where a deposit has not been protected and which you can return before serving a notice, unless there is a change in the Law, you will not be able to rectify the non-service of these documents.
At present these rules apply only to post October 2015 tenancies, but the rules are due to apply to pre October 2015 tenancies from October this year. If therefore you have not complied with serving the EPC and Gas safety certificate prior to the start of the tenancy, then potentially, you have until October to evict using the s21 procedure. After this as the law currently seems to stand you would not be able to use this procedure…. unless of course there is a change in the law.