A recent case heard on 4 December 2023 finally gave some clarity to the question of whether a building regulations compliance certificate (BRCC) needs to be served in order to serve a valid section 21 notice.
A BRCC is a certificate issued by a gas engineer when a new boiler is installed in a property. This is not the ordinary CP12 certificate that landlords are usually expected to serve following their annual gas safety checks and is only produced if a new boiler is installed.
The tenant in this case argued that the BRCC certificate should have been served in order for the landlord to serve a valid section 21 notice. The landlord stated that, as this was not an annual inspection certificate, i.e. a CP12, and the new boiler was replaced within the 12 months preceding the last valid CP12, it didn’t need to be served.
The judge found that, this was a relevant check within the meaning of regulation 26 (9) Gas Safety Regulations and that consequently a “record” was required to be made of such a check pursuant to Regulation 36 (3) Gas Safety Regulations. Given that the BRCC was not served, the judge found the landlord’s section 21 notice to be invalid.
This case appears to have dealt with the issue of whether a BRCC is required to be served. The judgment now means that if a landlord renovates their flat and installs a new boiler, but no BRCC is created, and then lets it out within 12 months, the landlord will be barred from using section 21.
It is therefore vital that landlords obtain a BRCC if a new boiler is installed irrespective of whether this falls within the 12 months of the last CP12 certificate and in addition, must be served.
Our specialist landlord and tenant solicitors can assist residential landlords with a range of matters including issuing section 21 notices as well as advising on their responsibilities as a landlord. Contact our team today on 0161 696 6170.
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