Section 21 notices will be abolished in May 2026 under the Renters’ Rights Act 2025. Until then, landlords can still use Section 21 to end a tenancy without giving a reason, but only if they have followed all the legal rules.
One of the most important rules is providing tenants with a Gas Safety Certificate (GSC).
A recent case, Cassell v Sidhu (2025), helps explain what happens if a landlord makes a mistake with one of these certificates.
Background: Why Gas Safety Certificates Matter for Section 21
Under the Gas Safety (Installation and Use) Regulations 1998, landlords must provide tenants with a valid gas safety record.
A GSC must include specific information, such as:
- the name and address of the landlord
- details of the gas appliances checked
- findings of the inspection
- safety defects and actions taken
In Cassell v Sidhu, the issue centred on an initial GSC that was defective because it omitted the landlord’s address, breaching Regulation 36(3)(c)(iii). Although two fully compliant certificates were later issued, the tenants argued that the early defect permanently invalidated the Section 21 notice.
The court first decided that later certificates fixed the initial problem.
The Judgment: Later Certificates Can Cure Earlier Errors
The appeal judge, HHJ Clarke, said:
- A mistake in an old gas safety certificate does not permanently stop a landlord from serving a Section 21 notice.
- If the landlord later provides two correct gas safety certificates, that is enough to meet the legal requirements.
- It would be unfair to punish a landlord forever for a small mistake made years earlier.
The judge also confirmed that landlords do not need to keep or show older gas safety certificates once two new ones have been done.
What This Means For Landlords
In the months leading up to the end of Section 21 notices, this decision offers reassurance to landlords that early mistakes do not create an indefinite bar to serving a Section 21 notice.
Tenancies longer than two years
You can usually serve a Section 21 notice as long as the two latest gas safety certificates are valid and correct, even if there was a small mistake in an earlier certificate.
Tenancies under two years
The rules are stricter when serving a section 21 notice within the first two years. If the first gas safety certificate was wrong or missing, a Section 21 notice will normally be invalid unless you correct the issue before serving notice.
Comment and Pratical Points
This case only dealt with a certificate that had a small error. If the landlord completely failed to give the first gas safety certificate, that will still make a Section 21 notice invalid.
This was a County Court decision, so it does not create a legal rule for all courts. However, judges often consider these decisions, so it is still useful guidance.
Conclusion
As the end of Section 21 approaches, Cassell v Sidhu provides reassurance that minor early errors in gas safety documentation do not permanently prevent landlords from serving notice, provided there have been two subsequent compliant gas safety checks.
Landlords should nevertheless ensure full and ongoing compliance with all statutory requirements.
Join Us: Renters’ Rights Conference – 27 January 2026
The Talbots Law Real Estate Litigation Team is hosting a comprehensive Renters’ Rights Conference on 27 January 2026, covering:
- the end of Section 21
- evolving landlord compliance requirements
- best practice for managing risk during the transition.
To register, please click here.
Our team has extensive experience dealing with evictions for both landlords and tenants. Please do not hesitate to get in touch with one of our specialists, who will be happy to assist.
Call our team on 0800 118 1500 or complete our form below.
Disclaimer
The contents of this blog or any other published by Talbots Law cannot be considered as legal advice. You should take no action without prior consultation with a qualified solicitor or legal professional. The contents of this blog refers to the process in England and Wales.
This blog was written by Katie Richards, Associate & Solicitor, and Fin Morgan, Apprentice Solicitor, in our Dispute Resolution Team.