Issuing a Section 21 Claim Before 31 July 2026? Read This First

The Court of Appeal has recently handed down an important decision in Muca v El Amrani; Harker v Hubert, which could have serious consequences for landlords relying on a Section 21 notice to recover possession of their property. With the final curtain call for Section 21 claims on 31 July 2026 fast approaching, this decision serves as a timely reminder that landlords should review their compliance position before issuing proceedings or continuing with existing claims.

The case looked at one simple but crucial question: what happens if a tenant was not given a gas safety certificate before moving into the property?

The Court’s answer was clear. If the gas safety certificate was not provided to the tenant before they moved in, the problem cannot simply be fixed later by serving the certificate afterwards. In some cases, this could mean that a landlord cannot rely on a Section 21 notice at all.

This decision is particularly important for landlords who have live possession proceedings or are planning to issue a Section 21 claim before 31 July 2026.

Why Does This Matter?

Many landlords are looking to commence possession proceedings before the Section 21 regime changes. However, before serving a notice or issuing a claim, it is essential to make sure your paperwork is in order.

If your tenant did not receive a gas safety certificate before moving into the property, you could face challenges to your claim, delays in the court process and potentially significant additional costs.

The Court of Appeal made it clear that these rules exist to protect tenants and ensure they know the property is safe before they take occupation. As a result, the courts are likely to continue taking a strict approach to compliance.

What Should Landlords Do Now?

If you already have court proceedings underway, or if you are intending to issue a claim before 31 July 2026, now is the time to review your documents carefully.

Ask yourself:

  • Did you have a valid gas safety certificate before the tenant moved in?
  • Was the certificate given to the tenant before they took occupation?
  • Do you have evidence showing when and how it was provided?
  • Are all of your other tenancy documents and compliance records in order?

Even if proceedings have already started, do not assume there are no issues. Compliance problems are often discovered later in the court process and can sometimes prevent a landlord from successfully obtaining possession.

A review of your documents now could save you considerable time, expense and uncertainty later on.

Need Advice?

Whether you have live possession proceedings, are looking to issue a claim before 31 July 2026, or simply need guidance on your options for recovering possession of your property, obtaining advice early can make all the difference. Contact Priyanka Kumar at priyanka.kumar@wellerslawgroup.com today for advice on all possession proceedings, including Section 21 and Section 8 claims, gas safety compliance and landlord and tenant disputes. A review of your paperwork now could help avoid costly delays and unexpected problems later on.