Court of Appeal Clarifies Gas Safety Rules in Section 21 Appeals as 'No-Fault' Evictions End (5 May 2026)

The Housing and Property Litigation team at Duncan Lewis Solicitors has successfully represented tenants (El Amrani and Hughes) 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.

The Court of Appeal has now 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 Proceedings

The appeals (El Amrani v Muca; Harker v Hubert [2026] EWCA Civ 515) arose after a 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, raising closely connected issues. Duncan Lewis Solicitors acted for tenants in both appeals.

Wider Significance

This judgment provides long-awaited clarity on the relationship between tenant safety obligations and eviction rights, confirming that landlords cannot remedy earlier non-compliance simply by providing documents at a later stage.

The decision comes as Section 21 “no-fault” evictions is formally abolished under the Renters’ Rights Act. While this marks a major shift in housing law, a significant number of existing Section 21 cases will continue to progress through the courts, making this ruling highly relevant in practice.

The judgment strengthens protections for tenants and ensures that safety requirements remain central to possession proceedings under the outgoing regime.

Manjinder Kaur Atwal, Director of Housing and Property Litigation, and Richard Mahal commented:

“This is a crucial decision confirming that landlords must meet their most basic safety obligations before seeking to evict tenants. Gas safety requirements are there to protect lives, and the Court of Appeal has made clear that they cannot be treated as a technicality.

Although Section 21 has now been abolished, many existing cases will continue through the courts. This judgment ensures that tenant safety remains a central consideration in those proceedings.”

The Team

The Duncan Lewis team acting in this matter includes:

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

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.