Manjinder Kaur Atwal Discusses Gas Safety Ruling and Its Implications for Section 21 Evictions in Property Week (11 November 2024)

In a recent article published by Property Week, Manjinder Kaur Atwal, Director of Housing at Duncan Lewis Solicitors, explored the recent ruling in Barakzai and Barakzai vs Fenech and Fenech and the implications this ruling may have on Section 21 orders.

In the article, Manjinder highlights the rental market's already challenging conditions and points to Section 21 orders—a significant aspect of the upcoming bill—as a core source of disputes. Her perspective is drawn from direct experience, with Duncan Lewis handling a surge of cases involving Section 21 “no-fault” evictions. She notes that “the rental market is already in a poor state and the phones are ringing off the hook with issues related to disputes emanating from Section 21 orders, something that has long created confusion for both landlords and tenants.” She further questions whether the Renters Reform Bill “is going to ease this burden in the short term or exacerbate it.”

Reflecting on the recent case Barakzai and Barakzai vs Fenech and Fenech, she says, “The successful defence on behalf of our tenants could potentially reshape the landscape for landlords and utility companies such as British Gas.” Decided in September, the case revolved around landlords serving a Section 21 notice that tenants argued was invalid due to the lack of proper signatures on gas safety certificates, a requirement under Regulation 36(3)(c)(viii) of the Gas Safety (Installation and Use) Regulations 1998. The court ruled in favour of the tenants, holding that “the absence of a signature did not meet the requirements, even under the substantial compliance doctrine.” This decision, according to Manjinder, raises questions about whether British Gas and similar providers may have “broader systemic issues” with compliance.

Manjinder goes on to emphasise the potential consequences of this ruling: “Dismissing rulings like this is dangerous. It opens the door to reduced standards,” she says, noting that strict compliance may now be required in situations where landlords previously relied on “substantial compliance.”

This stricter interpretation of regulations could lead to increased administrative demands for landlords and utility companies, particularly as the Renters Reform Bill introduces new standards for landlord-tenant relationships. Manjinder call for enhanced accountability across the rental and utility sectors. Although the case does not set a binding precedent, it may well “influence future judicial decisions and industry practices.”

The full article can be read here:  Failures to Comply can be Costly | Property Week  

Manjinder is a highly skilled director of housing/property litigation at Duncan Lewis Solicitors, boasting more than 15 years of extensive experience in housing and property litigation law. In her role, she handles a diverse range of housing and property law dispute cases, encompassing possession claims, eviction matters, landlord and tenant disputes, homelessness issues, housing disrepair, judicial review proceedings, local authority housing decisions, injunctions, boundary disputes, property nuisance/negligence claims, consumer and contractual matters, as well as debt recovery and enforcement. With a steadfast dedication to her clients, Manjinder is renowned for her determination to secure the best possible outcomes. She has earned a reputation for taking on challenging cases that others may consider unwinnable, yet she consistently achieves excellent results for her clients.

For assistance on a housing matter, contact Manjinder via email at manjindera@duncanlewis.com or via telephone on 02031141269.

Duncan Lewis’ Housing Team

Our housing team, ranked and recommended by The Legal 500 and Chambers & Partners UK for its services nationwide to social tenants across London, provides guidance for landlords and tenants on all housing issues. We are highly experienced at finding solutions to your housing issues and aim to address cases quickly and effectively.

Duncan Lewis Solicitors

Duncan Lewis Solicitors is a multi-award-winning national law firm renowned for delivering exceptional legal services and its strong commitment to justice. The firm boasts a team of highly skilled solicitors providing top-tier representation across 25 areas of law. Duncan Lewis is consistently ranked by Chambers & Partners and the Legal 500 as a top-tier law firm and is also named as a Time Top 250 Law Firm. Headquartered in the City of London, the firm is recognised for its excellence in people management, holding the Investors in People Gold Standard and Law Society Lexcel Standards Accreditations. As a paperless firm, it embraces hybrid working to support its team