In the final hours before the Renters’ Rights Act came into force on 1 May 2026, the Court of Appeal handed down a decision that will have a direct and immediate impact on possession claims already in the system.
Although “no fault” evictions ended on 1 May 2026, many landlords rushed to serve Section 21 notices beforehand to preserve their position. Those cases have not disappeared as they are now moving through the courts.
The critical point is that those claims will only succeed if the underlying notice is legally valid. This recent decision (El Amrani v Muca; Harker v Hubert [2026] EWCA Civ 515) significantly narrows what counts as a valid notice and gives tenants a clear basis to challenge claims that might previously have gone unopposed.
The Court of Appeal has drawn a hard line
The issue before the Court was narrow but critical:
What happens if a landlord did not provide the gas safety certificate before the tenant first went into occupation?
The answer is now clear:
That failure is fatal. It cannot be corrected later and it prevents reliance on Section 21 altogether.
It does not matter if:
- the gas safety check was eventually carried out
- certificates were provided during the tenancy
- the tenancy pre-dated the 2015 regulatory changes
- or the tenant entered into subsequent tenancies
The Court has confirmed that the requirement goes to the validity of the notice itself, not merely procedural compliance.
Why this matters in practice
This is not just a technical clarification – it has immediate, commercial consequences.
The decision reaches back into older tenancies, including those that pre-date regulatory changes and have rolled into new or periodic tenancies.
For many landlords, particularly those who have owned a property for several years, inherited a tenancy or acquired a property mid-let or have self-managed without detailed record keeping, the key issue is simple:
Can you prove that the gas safety certificate was given before the tenant first moved in?
If the answer is no, or if you are even uncertain, then a Section 21 claim may fail, regardless of the tenant’s conduct or the current position on rent.
How I can help
At the moment, I am seeing landlords in very specific (and avoidable) situations:
- Possession claims already issued, but now vulnerable to challenge.
- Section 21 notices served in April 2026 without a full compliance check.
- Uncertainty over whether historic certificates were ever provided.
- Complete paperwork gaps where tenancies have been in place for years.
This is where targeted legal advice makes a practical difference.
I assist landlords by:
- Sense-checking Section 21 notices before or during proceedings
→ identifying whether a claim is likely to succeed before further costs are incurred - Defending possession claims against technical challenges
→ including where tenants raise gas safety compliance as a bar to eviction - Advising on whether a defective claim can be withdrawn and repositioned
→ avoiding wasted time and adverse costs orders - Moving landlords onto a workable Section 8 strategy where needed
→ ensuring there is still a route to possession under the new regime
In many cases, the issue is not whether a gas safety check was carried out, it is whether it was done before the tenant’s occupation of the property and whether there is evidence that it was actually given to the tenant at that time. This distinction is now critical.
The Court of Appeal has made it clear that this is not a technicality that can be corrected later.
If the requirement was not met at the start of the tenancy, the right to successfully obtain a possession order under Section 21 may be lost entirely.
For landlords with ongoing or anticipated possession claims, this is exactly the point at which early, focused advice can prevent a claim from failing and, in many cases, save months of delay.
What should you do next?
If you have already served a Section 21 notice, issued (or are considering issuing) possession proceedings or are simply unsure whether your paperwork will stand up to scrutiny, it is worth reviewing your position now before further time and costs are incurred.
Get in touch
Get in touchI work with landlords across a range of situations, from single properties to larger portfolios, and understand the practical pressures involved.
If you would like a confidential, no-obligation discussion about your situation, you can contact me at Elite Law Solicitors:
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The content of this article is for general information only. The information in this article is not legal or professional advice. If you require legal or professional advice you should obtain independent expert advice from qualified litigation solicitors such as those within our firm.
