The Court of Appeal’s decision in Muca v El Amrani [2026] EWCA Civ 515 is an important reminder for landlords relying on section 21 notices during the Renters’ Rights Act transitional period.
The issue was whether a section 21 notice was valid where the tenant had not received the pre-occupation gas safety record.
The decision
The Court held that later gas safety records were not enough. The landlord had to have provided the relevant pre-occupation record. If no pre-occupation check was carried out, or the record cannot be produced and proved to have been served before the section 21 notice, the notice is vulnerable to challenge.
Commentary
The decision does not overturn Trecarrell House Ltd v Rouncefield. Late service of a gas safety record can still be effective for section 21 purposes, provided the relevant record is served before the section 21 notice. The problem in Muca was the absence of the required pre-occupation record.
That said, the point has a limited shelf life for possession claims. Section 21 has now been abolished for new notices. Where a valid section 21 notice was served before 1 May 2026, proceedings can only be issued up to the earlier of the notice’s remaining validity period or 31 July 2026. However, for claims already issued, or any remaining transitional claims, Muca will apply.
Implications for landlords
Gas safety records will remain relevant under the new Renters’ Rights Act regime. Landlords will need to be registered on the Private Rented Sector Database to use certain section 8 possession grounds, including rent arrears grounds. The Government has indicated that registration will require safety information, including gas safety certificates, although the detailed requirements will be set out in secondary legislation.
It remains to be seen whether the database will require only current certificates or wider evidence of historic compliance. Either way, landlords should continue to treat gas safety records and proof of service as important portfolio management and due diligence documents.
If you are a landlord with questions or concerns about regulatory compliance following recent private rented sector law reform, or you require advice about how the Renters’ Right Act 2025 may impact you or your business, please contact our Real Estate Disputes lawyers or your usual Brodies’ contact.
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