Invalid Gas Safety Record: Alexander McColl successfully defends s21 ‘no fault’ eviction

19 January 2024

A picture of Alexander McColl in front of a fade image of a street of terraced housing and a block of flats in the background

Alexander McColl has successfully defended a section 21 possession claim and secured an order for costs at Burnley County Court.

Through examination of the documents provided with the claim form, he argued that a gas safety record which had been provided to the tenant contained incorrect information which did not comply with The Gas Safety (Installation and Use) Regulations 1998 and was therefore invalid. This meant that the landlord could not lawfully serve a section 21 notice.

Section 21 of the Housing Act 1988 applies to Assured Shorthold Tenancies (the most common form of tenancy). It allows landlords to evict their tenants without a reason. All that is required is evidence that a valid notice seeking possession (‘NSP’) has been served on the tenant giving them 2 months’ notice that they have to leave for a court to grant a possession order.

However, a section 21 notice is not valid if the landlord has failed to follow the correct process and procedures or has failed to give the tenant all the “prescribed information” such as a valid energy performance certificate and gas safety record. This means that defences to section 21 are usually technical and focused on compliance with the relevant regulations.

Alexander was instructed by Shelter in this case.

Alexander said: ‘Many people think that it is not possible to fight a section 21 notice because there does not need to be a reason, but there are still a number of avenues for challenge. If you are facing eviction, you should seek advice straight away.’

Alexander McColl is available for instructions across the full range of housing matters. View his profile here.

Chambers news

Chambers news

Alexa Thompson secures possession claim dismissal to keep single mother and children in their home

Alexa Thompson secured the dismissal of a possession claim brought against her client in the Manchester Civil Justice Centre.

Chambers news

Rosalind Burgin and Bethany Currie’s clients acquitted at trial following protest action

Garden Court North’s Rosalind Burgin and Bethany Currie have secured acquittals for three protest defendants.

Chambers news

Ministry of Housing’s draft guidance on Awaab’s Law an “important and long-overdue step towards protecting tenants”

The UK Government’s Ministry of Housing published draft guidance for social landlords on Awaab’s Law, due to come into force in October 2025.

Chambers news

The Legal 500 Bar Awards 2025: Garden Court North Chambers nominated for Set Outside London of the Year

Garden Court North Chambers has been shortlisted as Set Outside London of the Year for The Legal 500 Bar Awards 2025.

Sign up to our mailing list

Our mailing list is dedicated to professionals with an interest in our work.

Sign up