Supreme Court Grants Permission to Appeal Duncan Lewis' Landmark Court of Appeal Victory for Tenants in Gas Safety Case (7 August 2026)

The landlords in a landmark case, which centres on gas safety certificates and Section 21 evictions, have been granted permission to take their challenge to the Supreme Court.

Duncan Lewis previously secured a significant Court of Appeal victory on gas safety compliance and Section 21 evictions, a ruling that continues to shape how legacy possession cases are handled even as "no-fault" evictions are phased out under the Renters' Rights Act.

Background

The Housing and Property Litigation team at Duncan Lewis Solicitors successfully represented tenants in two linked appeals before the Court of Appeal, securing important clarification on gas safety compliance and the limits of Section 21 evictions in the private rented sector.

In its ruling, the Court of Appeal confirmed that landlords must comply with all statutory gas safety requirements before they can rely on a Section 21 notice. This includes the obligation to provide a gas safety certificate before a tenant first occupies the property, as well as ongoing certification during the tenancy.

Rejecting the landlord’s arguments, the Court made clear that providing only the most recent certificate is not sufficient. Instead, compliance with the full requirements of the Gas Safety (Installation and Use) Regulations 1998 is necessary, reinforcing the legislation as a “spur to compliance” with tenant safety obligations.

The appeals arose after the landlord initially obtained a possession order, which was later set aside when it emerged that the required gas safety certificate had not been provided at the outset of the tenancy.

The landlord appealed, seeking to reinstate the eviction order. However, the Court of Appeal dismissed that approach, confirming that failures in gas safety compliance can prevent landlords from relying on Section 21 altogether.

The case was heard alongside Muca v El Amrani Linked with Harker & Ors v Hubert & Hamdaoui ( CA-2026-000408) , raising closely connected issues. Duncan Lewis Solicitors acted for tenants in both appeals.

Conclusion

Following the Court of Appeal’s decision, the landlords have now been granted permission to appeal to the Supreme Court. Duncan Lewis's Housing and Property Litigation team will continue to represent the tenants as the case progresses. We will provide further updates as the appeal moves forward and the Supreme Court's decision is reached.

The Team

The Duncan Lewis team acting in this matter includes:

• Manjinder Kaur Atwal – Director, Housing and Property Litigation
• Richard Mahal – Solicitor
• Simar Kaur Sachdev – Caseworker
• Joseph Leonard Strasser – Caseworker

About Manjinder Kaur Atwal

Manjinder Atwal is a Director in the Housing and Property Litigation team at Duncan Lewis Solicitors with over 15 years' experience in housing and property law. Ranked by both The Legal 500 as a Leading Individual, Next Generation Partner and Recommended Lawyer, and by Chambers and Partners, Manjinder specialises in possession proceedings, landlord and tenant disputes, homelessness, housing disrepair, judicial review and complex property litigation.

About Richard Mahal

Richard Mahal is a Solicitor in the Housing team at Duncan Lewis Solicitors, working closely with Director Manjinder Atwal and managing a team of caseworkers. He specialises in housing disrepair litigation, possession proceedings, Environmental Protection Act claims, succession disputes, Equality Act matters and public law challenges. Richard has extensive advocacy experience in the County Court as a court duty solicitor, providing practical advice and robust representation to tenants facing complex housing disputes.

About Simar Kaur Sachdev

Simar Kaur Sachdev is a Caseworker in the Housing Department at Duncan Lewis Solicitors, assisting clients in matters involving housing disrepair, homelessness and possession proceedings. Working under the supervision of Director Manjinder Atwal, she supports tenants challenging local authority decisions, landlord breaches and 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 Director Manjinder Atwal and Solicitor Richard Mahal.

About Duncan Lewis Solicitors

Duncan Lewis Solicitors is an award-winning, Times Top 250 law firm, ranked Top Tier by both Chambers & Partners and The Legal 500. The firm advises clients across more than 25 areas of law, with a nationally recognised Housing team at the forefront of tenant rights and housing litigation.