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Not any more. The Renters' Rights Act abolished Section 21 in England from 1 May 2026. Before that, a landlord could not serve a valid Section 21 notice unless the tenant had been given the gas safety record, and Trecarrell House v Rouncefield (2020) confirmed late provision could be fixed before the notice was served.
Reviewed by Jordan Valentine-Dunn, Gas Safe registered engineer · Portsmouth Gas Heating · Last reviewed July 2026
For years, one question sat under every possession checklist in England: can you serve a Section 21 notice if the tenant never got the gas safety certificate? The courts spent 2018 to 2020 arguing about it. Then the Renters' Rights Act settled it another way entirely: from 1 May 2026, Section 21 is abolished in England. This guide covers the old rule, the case law people still search for, and why your gas records matter more for possession now, not less.
Section 21A of the Housing Act 1988 barred a landlord from serving a Section 21 notice while in breach of a “prescribed requirement”, and the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 made giving the tenant the gas safety record one of those requirements. In plain terms: no gas record given, no valid Section 21. The regulations also said the usual 28-day period for giving the record after a check did not apply for these purposes, a small piece of wording that ended up doing a great deal of work in court.
First came Caridon Property Ltd v Shooltz in 2018, a county court appeal which held that a landlord who failed to give the gas record before the tenant moved in could never fix the failure. On that reading, one missed step at move-in barred Section 21 for the entire tenancy. Landlords were, reasonably, alarmed.
The Court of Appeal then took a different view in Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760. By a two-to-one majority it held that giving the record late was not fatal: a landlord who provided the gas safety record at any time before serving the Section 21 notice could still serve it validly. The Supreme Court refused permission to appeal, so that remained the law in England until abolition. One edge was never comfortably settled, though: where no gas safety check had been carried out at all before the tenant moved in, the position stayed uncertain, which is one reason careful landlords never treated Trecarrell as a free pass.
No, not a new one. The Renters' Rights Act received Royal Assent in October 2025, and its first phase took effect on 1 May 2026: Section 21 is abolished and assured tenancies are now periodic rather than fixed-term assured shorthold. The Act preserved the validity of Section 21 notices served before that date for a short transition period, so a small number of pre-May notices are still working their way through the courts, but the window for acting on them is measured in weeks, not years. If you are relying on one, take advice now rather than after the deadline.
Section 8, for everything. Possession in England now runs on grounds you have to state and evidence, such as rent arrears, antisocial behaviour, selling the property or moving back in. There is no longer a no-reason route, which changes the character of possession cases: instead of a notice that asked nothing about the landlord's conduct, every case now invites a look at it. A tenant's adviser facing a possession claim will go straight to the landlord's own compliance, and safety records are the first drawer they open.
More than before, just through different doors. The gas duties themselves never changed; they still come from the Gas Safety (Installation and Use) Regulations 1998. What changed is the cost of getting them wrong. Under the Renters' Rights Act, civil penalties run up to £7,000 for an initial breach and up to £40,000, or prosecution, for serious or repeated ones. A landlord whose records are late or missing walks into a Section 8 hearing with a compliance record that undermines their own case and invites a counterclaim. And the Private Rented Sector Database, expected from late 2026, is expected to hold property and safety information, making your compliance history more visible than it has ever been. The Section 21 gas trap is gone; the reasons behind it are not.
Work from each property's next-due date, not the date of the last check. There is no grace period once a record lapses, and a lapsed record is a breach whether you forgot or ignored it.
Existing tenants get a copy within 28 days of each check; a new tenant must have one before moving in. Keep evidence of delivery, because that is what a hearing or a penalty notice will test.
Two years is the legal minimum for keeping gas records. Store them digitally and findably, so any dispute or database requirement is an afternoon's job rather than an excavation.
If you served a valid notice before 1 May 2026 and intend to rely on it, the transitional window is short. Get proper legal advice on the current deadlines immediately.
Possession law in England changed substantially in 2026 and some transitional detail is still settling, so treat this as general background, not legal advice on a live case. The gas safety check itself must always be carried out by a Gas Safe registered engineer, the only person who can issue a valid record.
Last reviewed July 2026. This guide is general information, not legal or safety advice, gas safety work must be carried out by an appropriately Gas Safe registered engineer. Rules can change, so check the linked official sources for the current position.