<P> Government guidelines published by the Department for Communities and Local Government (as it then were) suggest that an energy performance certificate is not required to be given where the tenancy is for an individual room as the tenancy would not be for a building or a building unit designed or altered for separate use . It is unclear if lack of an energy performance certificate in such a tenancy would invalidate a section 21 notice . </P> <P> The second is the requirements under regulation 36 the Gas Safety (Installation and Use) Regulations 1998 . These require a landlord of any property with any relevant gas fitting or flue serving such fitting to give a copy of the most recent gas safety certificate to new tenant before they occupy the property, and for a copy of new gas safety certificate to be given to each existing tenant . Where the tenant's right to occupy the property is for a period of at most 28 days or there is no relevant gas appliance in any room occupied by the tenant, the landlord may choose instead to display the certificate in a prominent position in the property alongside a statement that the tenant is entitled to request their own copy of the certificate . </P> <P> The county court in Assured Property Service Ltd v Ooo and Caridon Property Ltd v Monty Shooltz ruled that as the legislation currently stands a breach of the requirement to give the most recent gas safety certificate to new tenant cannot be rectified even if this may not have been the legislative intention . </P> <P> A landlord, other than a private registered provider of social housing, is required to give to the tenant the "How to rent: the checklist for renting in England" guide published by the Department for Communities and Local Government . The version given must be the version that has effect for the time being . The guide must be given in hard copy unless the tenant has agreed that the landlord may give the tenant notices and other documents given under or in connection with the tenancy by email, in which case it can be sent as an email attachment . Where the tenancy is a replacement tenancy, it is not necessary for the landlord to give the guide again unless a new version has been published since the last time the landlord provided the guide under an earlier tenancy . There is no requirement for the landlord to provide further copies of the guide during a tenancy when new versions are published . </P>

What is section 21 of the housing act