Duncan Lewis acting for tenants in landmark Section 21 gas safety appeal before the Court of Appeal (11 March 2026)

A significant housing case is now before the Court of Appeal, raising an important question about tenant safety and the limits of section 21 evictions.

At Duncan Lewis Solicitors we are proud to be representing the tenants in two linked appeals that could have wide implications across the private rented sector. The tenants are represented by Manjinder Kaur Atwal and Richard Mahal, who are acting in both appeals on behalf of the tenants facing possession proceedings and assisted by Daljit Singh Shina, Simar Kaur Sachdev and Joseph Leonard Strasser.

Background

The dispute centres on the use of a section 21 notice under the Housing Act 1988. The landlord originally obtained a possession order, but that order was set aside by a Circuit Judge after it became clear that the landlord had failed to provide the tenants with a pre-occupation gas safety certificate.

This requirement arises from the Gas Safety (Installation and Use) Regulations 1998 and exists for a clear reason, to ensure that tenants moving into rented homes are protected from potentially dangerous gas appliances. It is a fundamental safety safeguard, not a mere administrative step.

The landlord has now appealed, asking the Court of Appeal to overturn the decision and reinstate the eviction. At the centre of the appeal is a crucial legal question;

The Legal Question at the Heart of the Appeal

Can a landlord rely on a section 21 notice if they have not complied with essential gas safety obligations at the start of the tenancy?

A Linked Appeal: Muca v El Amrani

Adding further importance to the case, the Court is considering whether this appeal should be heard alongside another similar case, Muca v El Amrani. Both appeals raise closely related legal issues about gas safety compliance and the validity of section 21 notices.

Duncan Lewis Solicitors is representing the tenants in both appeals, ensuring their rights and safety are fully defended as these issues are examined at appellate level.

The Renters' Rights Act and the Wider Context

The timing of this appeal is particularly significant. The Government has introduced the Renters’ Rights Act, which is intended to reform the private rented sector and abolish section 21 “no-fault” evictions. While those reforms are designed to strengthen tenant protections in the future, section 21 remains part of the current legal framework and continues to affect thousands of tenants across England.

This appeal therefore sits at an important moment for housing law. The Court of Appeal’s decision could help clarify how strictly landlords must comply with safety obligations when relying on section 21, at a time when Parliament is already moving towards stronger protections for renters.

What Is at Stake

For our clients, the stakes are immediate and personal. The outcome will determine whether they are able to remain in their homes. More broadly, the case could influence how courts approach landlord compliance and tenant safety in long standing tenancies across the country.

Gas safety rules exist to protect people living in rented homes. The courts are now being asked to consider whether landlords who fail to meet those obligations can still rely on the accelerated possession route.

Looking Ahead

We will share further updates as the appeal develops.

Manjinder Kaur Atwal, Director Solicitor and Richard Mahal, Solicitor at Duncan Lewis Solicitors, commented:

“This appeal raises an important question about the extent to which landlords must comply with essential safety obligations before seeking possession of a tenant’s home. Gas safety requirements exist to protect tenants from serious risk and it is vital that those statutory safeguards are properly upheld. We are committed to ensuring that our clients’ rights are defended before the Court of Appeal.”

About Manjinder Kaur Atwal

Manjinder Kaur Atwal is the Director of Housing and Property Litigation at Duncan Lewis Solicitors with over 15 years of experience handling complex housing and property disputes. She specialises in matters such as possession claims, landlord-tenant disputes, housing disrepair, homelessness, and judicial review challenges, often advocating directly for clients in court and tribunals.

About Richard Mahal

Richard Mahal is a Solicitor in the housing team at Duncan Lewis Solicitors, working closely with Director Manjinder Atwal while overseeing a team of caseworkers. His practice focuses on housing disrepair litigation, defending possession proceedings, and claims under the Environmental Protection Act 1990, alongside advising clients on succession rights and equality law challenges.

About Daljit Singh Shina

Daljit Singh Shina is a Solicitor in the Housing Department at Duncan Lewis Solicitors based in the City of London office. He advises on a broad range of publicly and privately funded housing matters, including possession claims, unlawful evictions, homelessness appeals, and judicial review applications. Alongside his legal work, he has volunteered with homelessness charities such as Help for Southall Street Homeless and Crisis at Christmas, reinforcing his commitment to supporting vulnerable individuals.

About Simar Kaur Sachdev

Simar Kaur Sachdev is a Caseworker in the Housing Department at Duncan Lewis Solicitors, assisting clients with cases involving housing disrepair, homelessness, and possession proceedings. She supports individuals whose councils have refused housing assistance, tenants facing breaches by landlords, and those served with Section 21 eviction notices.

About Joseph Leonard Strasser

Joseph Leonard Strasser is a Caseworker in the Housing Department at Duncan Lewis Solicitors, working under the supervision of Manjinder Kaur Atwal and Richard Mahal. Before joining the firm, he worked in a local authority homelessness and temporary accommodation team, gaining practical experience in housing support and council decision-making processes.