Section 21 notices no longer exist in England. Part 1 of the Renters' Rights Act 2025 came into force on 1 May 2026, and landlords can no longer use section 21 of the Housing Act 1988 to gain possession. Before that date, failing to give the tenant a valid gas safety record made a section 21 notice unusable, because the 2015 prescribed requirements regulations tied the two together. Your duty to arrange an annual gas safety check and hand the record to your tenant is unchanged, and it now sits alongside the section 8 grounds for possession.
Can you still serve a section 21 notice in England?
No. Section 21 of the Housing Act 1988 can no longer be used in England. Part 1 of the Renters' Rights Act 2025 came into force on 1 May 2026 and closed the "no fault" route to possession. A landlord in England now serves a notice under section 8 and relies on a ground for possession, which is a legal reason set out in the Act.
The old link between the gas safety record and section 21 therefore has no work left to do. Searches for "section 21 invalid gas safety certificate" land on a rule that has been switched off in England. The gas safety duty behind it has not changed at all.
Your gas safety duty did not end with section 21. Regulation 36 of the Gas Safety (Installation and Use) Regulations 1998, as amended, still applies across Great Britain. You still need a check every 12 months by a Gas Safe registered engineer, a written record, and a copy for your tenant.
Why an invalid gas safety record used to defeat a section 21 notice
An invalid or undelivered gas safety record blocked section 21 because of the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015. From 1 October 2015, those regulations made one duty a prescribed requirement under section 21A of the Housing Act 1988. The duty was giving the tenant a copy of the record required by regulation 36 of the Gas Safety (Installation and Use) Regulations 1998. While that requirement was unmet, the section 21 route was not available.
The prescribed requirement was about handing over the copy. The 28-day deadline in regulation 36 did not itself form part of it. HSE guidance for landlords put the effect simply: without giving the tenant a valid copy of the gas safety record, a section 21 notice could not be served. Scope of that rule: England, for assured shorthold tenancies.
What happens to a section 21 notice served before 1 May 2026?
A section 21 notice served before 1 May 2026 only survives under the transitional rules for England. The notice had to still be valid immediately before 1 May 2026. A possession claim at court could be made up to and including 31 July 2026. Where the claim was issued within that window, the case continues through the courts.
Outside that window, section 21 is gone and no new notice can be served. GOV.UK publishes separate guidance for landlords and for tenants on notices served before 1 May 2026. If you have a live claim, read that guidance for your own situation rather than relying on older landlord articles.
What regulation 36 requires you to give the tenant and keep on file
Regulation 36 of the Gas Safety (Installation and Use) Regulations 1998, as amended, sets out the record, the deadlines and the retention period. It applies across Great Britain and is independent of any possession rules. The record is often called a CP12 or landlord gas safety certificate. Our guide on giving tenants the gas safety record covers the deadlines in more detail.
- A gas safety check every 12 months by a Gas Safe registered engineer, covering the appliances and flues you provide for the tenant.
- A copy of the record to each existing tenant within 28 days of the check.
- The latest record to a new tenant before they move in.
- The record kept until two further checks have been carried out; HSE describes this as a minimum of two years.
- Date of the check, the address of the premises, and your name and address shown on the record.
- For lets shorter than 28 days, a legible copy displayed in a prominent position at the premises.
HSE accepts sending the record to the tenant electronically, so an emailed copy with a date on it is usable evidence. Keeping that email is the cheapest part of the whole duty.
How possession works in England now, and where the gas safety record fits
Possession in England now runs through a section 8 notice and a ground for possession. Each ground carries its own notice period. GOV.UK publishes guidance on grounds for possession for landlords and letting agents, and the grounds themselves sit in Part 1 of the Renters' Rights Act 2025.
GOV.UK guidance on repossessing a privately rented property after 1 May 2026 also sets out the requirements landlords are expected to have met, including a valid gas safety record where the property has a gas supply. Check that guidance against your own case before serving anything. Enforcement of the gas duty itself sits with HSE and runs separately from any possession claim, as explained in our guide on who enforces the landlord gas duty in England.
What if your tenant will not let the engineer in for the gas safety check?
When a tenant refuses access, HSE expects you to show that you took all reasonable steps to carry out the gas safety check. Forcing entry is not permitted. Your tenancy agreement should allow access for maintenance and safety checks in the first place.
- Leave a notice of the attempted visit with your contact details.
- Write to the tenant explaining the legal duty and that the check is for their own safety.
- Give the tenant the chance to arrange an appointment that suits them.
- Keep copies of every letter, email and message about access.
HSE inspectors look for repeated attempts rather than a single knock at the door. Whether your steps were reasonable is ultimately for a court to decide. Timing also helps: our guide on gas safety certificate renewal and the 12-month rule explains how early renewal gives you room to chase access.
Gas safety check or boiler service: which one keeps your record valid?
A gas safety check and a boiler service are two different jobs. The safety check produces the record required by regulation 36 and covers the safety of the appliances, flues and pipework you provide. A service is maintenance work on the appliance itself. Manufacturers such as Vaillant normally require an annual service by a Gas Safe registered engineer for the boiler guarantee to stay in force.
Missing the service can cost you the guarantee even when your safety record is current. The difference is set out in our guide on gas safety check versus boiler service. When the annual date comes round, you can book a landlord gas safety certificate (CP12) with FM Power, who are Gas Safe registered and send the record by email the same day.
Sources
- GOV.UK — Repossessing your privately rented property after 1 May 2026
- GOV.UK — Giving notice of possession to tenants before 1 May 2026
- GOV.UK — Grounds for possession: guidance for landlords and letting agents
- legislation.gov.uk — Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015
- legislation.gov.uk — Gas Safety (Installation and Use) Regulations 1998, regulation 36
- HSE — Gas safety check records and what to keep
- HSE — Gas safety: landlords and letting agents FAQs
- HSE — Gas safety checks: what if…?
- Vaillant — Gas safety certificates explained