Can I Evict a Tenant Without a Gas Safety Certificate?
Gas safety compliance is tightly linked to Section 21. This guide explains when a missing, late or expired CP12 gas safety certificate can invalidate your notice — and how to protect your right to evict.
How a Missed Gas Safety Certificate Can Impact Your Section 21
For many landlords, the biggest fear around gas safety isn’t the fine — it’s losing the ability to evict a tenant when needed. Gas safety compliance is tightly linked to Section 21, and a missing or late CP12 gas safety certificate can make your notice completely invalid.
This article explains, in clear terms, exactly when you can (and cannot) serve a Section 21 notice if your gas safety certificate is missing, expired or late.
For a complete overview of landlord gas safety rules, see the full Gas Safety Compliance Guide .
Quick Answer: Yes, Section 21 Can Be Invalid Without a Gas Safety Certificate
But the full picture depends on when the certificate was provided and whether one existed at all.
Here is the short version:
- If you NEVER had a gas safety check done: ❌ Section 21 will almost always be invalid.
- If you HAD a CP12 but gave it to the tenant late: ⚠️ Section 21 may still be valid — depending on timing and case law.
- If the CP12 expired during the tenancy: ⚠️ It does not automatically kill your Section 21, but it increases risk.
- If you cannot prove you gave the certificate to the tenant: ❌ High risk your Section 21 will be thrown out.
If you're also concerned about the financial penalties for missing or late CP12 certificates, read our guide on Gas Safety Fines and Penalties .
Why Gas Safety Affects Section 21 at All
Under the Assured Shorthold Tenancy (AST) rules and the Deregulation Act 2015, landlords must give tenants:
- A valid in-date CP12 gas safety certificate
- Before the tenant moves in (or on the day of move-in)
- And within 28 days of every annual renewal
This isn’t optional. It’s one of the core requirements for using Section 21.
If you can’t prove you complied, the Section 21 notice is at risk.
For the official rules on landlord gas safety duties, see the HSE’s guidance for landlords .
The Confusion Comes From 2 Key Court Cases
Most landlord confusion comes from two major cases:
1. Caridon v Shooltz (2018) – very strict interpretation
This case caused panic because it suggested:
If you didn’t give the tenant a valid CP12 before move-in, you can NEVER serve a Section 21. It was a very landlord-unfriendly interpretation — but not the final word.
2. Trecarrell House Ltd v Rouncefield (2020) – the more balanced position
The Court of Appeal softened the previous judgment:
A late gas safety certificate does NOT automatically invalidate Section 21.
You can still serve a Section 21 as long as the tenant receives a valid CP12 before the notice is served. This is now the leading authority in 2025.
Note: Trecarrell House Ltd v Rouncefield (2020) remains the Court of Appeal's leading position. However, some County Court judges have since questioned whether this principle fully applies to cases where the initial certificate was genuinely never obtained before move-in (see Byrne v Harwood Delgado, 2022). This remains an evolving area — if you're in doubt, seek specialist legal advice before serving a Section 21 notice if there were any certificate gaps early in the tenancy.
You can read the legal framework behind these decisions in the Gas Safety (Installation and Use) Regulations 1998 .
What This Means for Landlords in Practice
Below is the real-world interpretation for today’s courts, judges, and possession specialists.
Scenario 1: You NEVER had a gas safety certificate
This is the worst-case scenario.
❌ Section 21 is almost certainly invalid.
Courts will not allow eviction where the landlord has never complied with gas safety law.
Scenario 2: You had a CP12 but didn’t give it to the tenant before move-in
This is where Trecarrell applies.
⚠️ You CAN still serve a Section 21 — but only if the tenant receives a valid certificate before you issue the notice.
However, judges still scrutinise these cases heavily. You will need strong evidence of service, and large gaps in certificate history can undermine your credibility.
Scenario 3: Your CP12 expired for a short period during the tenancy
There is some good news here:
⚠️ A temporary lapse does NOT automatically invalidate Section 21.
But it is still a legal breach. It weakens your position if the tenant challenges the notice, and courts may question your professionalism and record-keeping. If there were access issues, you should be ready to show all reasonable steps were taken.
If you want a full breakdown of how the law treats short gaps and missed renewal dates, including why there is no formal “grace period” after expiry, see our guide Gas Safety Certificate Grace Period: The Truth Landlords Need to Know .
Scenario 4: You cannot prove the tenant ever received the CP12
Courts care about proof of service, not assumptions.
If you cannot demonstrate:
- Email delivery
- WhatsApp message
- Signed tenancy pack
- Agent confirmation
- Digital copy shared through a platform
Then ❌ your Section 21 is vulnerable to being struck out. Lack of proof is a very common reason possession claims fail.
How Courts Currently Approach Section 21 and Gas Safety
Judges generally ask:
- Did the landlord actually have a valid CP12 at the relevant times?
- Did the landlord give the certificate to the tenant?
- Can the landlord prove they gave it?
- Has the landlord shown consistent compliance overall?
A landlord who:
- Keeps good digital records
- Tracks expiries
- Shares certificates promptly
- Uses the same engineer each year
- Has a continuous chain of CP12s
…is seen as acting responsibly.
A landlord who:
- Has gaps
- Cannot find certificates
- Can’t prove service
- Replaces a missing CP12 only at eviction time
…is far more likely to have their Section 21 rejected.
Best Practices to Protect Your Section 21 Rights
To avoid Section 21 problems, follow these rules:
- Give the initial CP12 before or at move-in
- Send each renewal within 28 days of the check
- Keep certificates digitally and backed up
- Keep a continuous chain of CP12s
- Store proof you gave the certificate to the tenant
- Document “reasonable steps” if access is refused
- Book checks 1–2 months before expiry
If you’re not sure what a CP12 actually covers or what the engineer checks during the visit, our guide to CP12 Costs and Gas Safety Check Steps walks through the process in detail.
Tools like CertNudge Features can help landlords stay inspection-ready by storing CP12s digitally and reminding you before anything expires.
The government’s official guidance on Section 21 requirements is available via GOV.UK: Evicting Tenants (Section 21) .
Common Myths About Gas Safety and Section 21 (Debunked)
❌ “If the certificate is late, Section 21 is dead forever.”
Not true since the 2020 Trecarrell ruling.
❌ “If the tenant already lives there, the initial CP12 doesn’t matter.”
Incorrect — the initial certificate is crucial.
❌ “As long as I show the certificate now, I’m fine.”
Not unless you gave it to the tenant before serving the notice.
❌ “Digital CP12s aren’t accepted.”
They are accepted by courts, councils and licensing teams.
Final Reminder: Section 21 Isn’t Just About Gas Safety — It’s About Proof
Most landlords lose Section 21 cases not because they didn’t do the gas safety check, but because they couldn’t prove they gave the certificate to the tenant.
For full legal context on possession claims, refer to the Housing Act 1988 , which governs Section 21 notices.
Keep clean digital records. Share certificates promptly. Maintain a continuous chain of CP12s.
Doing these three things protects:
- Your tenants’ safety
- Your legal compliance
- Your ability to regain possession when needed
You can also learn what happens when checks are missed in our detailed guide to Gas Safety Fines and Penalties for Landlords .
Important: This article is for general information only and is not legal advice.
Always seek independent legal advice or consult a specialist before starting a possession claim or serving a Section 21 notice.
Information accurate as of December 2025.
