I am a landlord and I want to serve a section 21 notice for the tenant to move out as the fixed term is going to expire. I have not given them a Gas Safety Test certificate before their occupation, am I still able to give section 21 notice?

The short answer is yes, providing you have complied with all the other requirements properly and that you serve the certificate before the section 21 notice. The recent Court of Appeal case Trecarrall confirmed that late service of Gas Safety Test certificate is sufficient if it is served before the section 21 notice is served. But if you have never done one, the position might be different. Our suggestion is to serve all relevant documents before you serve section 21 notice and you should consult legal specialist on specific issues.