Muca (Appellant) v El Amrani (Respondent)

Case summary

Case ID

UKSC/2026/0070

Parties

Appellant(s)

Maksim Muca

Respondent(s)

Rachida Rechia El Amrani

Issue

Is the appellant prevented from serving notice under section 21 Housing Act 1988 in circumstances where he failed in 2014 to give the respondent the pre-occupation gas safety certificate?

Facts

On 5 February 2014, the appellant, Mr Muca, granted the respondent, Ms El Amrani an assured shorthold tenancy of a property in Essex (“the Property”) for a fixed term of 12 months. On the expiry of that period, a periodic tenancy arose pursuant to section 5 of the Housing Act 1988 (“the 1998 Act”). That statutory periodic tenancy continued until 5 February 2017, when Mr Muca granted a further fixed term tenancy for a period of six months. On the expiry of that period, Ms El Amrani once again became a periodic tenant in accordance with section 5 of the 1988 Act. Prior to Ms El Amrani occupying the Property in February 2014, Mr Muca did not give her a gas safety certificate. He did, however, arrange for annual gas safety checks and provide her with annual certificates from 2015 to 2024. In January 2025, Mr Muca served notice under section 21 Housing Act 1988 requiring possession of the Property. Ms El Amrani did not vacate and Mr Muca issued possession proceedings. Deputy District Judge Goodchild struck the claim out on the basis that Ms El Amrani had not been given gas safety certificates fully satisfying the requirements of the Gas Safety Regulations. His Honour Judge Roberts allowed the appeal and made a possession order. The Court of Appeal allowed the appeal and restored the Order of Deputy District Judge Goodchild. Mr Muca now appeals to the Supreme Court.

Date of issue

29 May 2026

Case origin

PTA

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