Court of Appeal Rule in Favour of Landlords on Gas Safety Certificate Case

Court of Appeal Rule in Favour of Landlords on Gas Safety Certificate Case

16:35 PM, 18th June 2020, About 4 years ago 24

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The Court of Appeal has today sided with private landlords in a case which threatened the way they could repossess properties.

The case of Trecarrell v Rouncefield centred on the relationship between Section 21 notices and gas safety certificates.

The landlord, Trecarrell House Limited, was initially granted an order to repossess the property using Section 21 powers, however the tenant successfully appealed on the grounds that they were not provided with a gas safety certificate prior to moving in.

Despite the landlord making the certificate available after the tenancy had begun, the Courts initially ruled that the Section 21 notice was invalid, referring to a previous similar case in which the certificate was made available less than two weeks after the tenant moved in.

The Court of Appeal however has today ruled that Section 21 notices are valid provided a Gas Safety Certificate is issued before the notice is given to the tenant, not before a tenant moves into a property.

Prior to the NRLA being formed the Residential Landlords Association supported the landlord, arguing the situation could have breached a landlord’s rights under the European Convention on Human Rights on the basis that it deprives them of their possession. A crowd funding campaign set up by the RLA to raise money for the appeal raised more than £7,000.

John Stewart, Deputy Policy Director for the NRLA said: “We welcome the clarity that today’s ruling brings for the sector.

“Going forward however, ministers remain committed to eventually getting rid of Section 21 altogether.

“We have been campaigning to ensure that such moves are only made within the context of improvements to the way courts handle cases and clear, comprehensive and timely routes for landlords to repossess properties in legitimate circumstances.

“We are heartened therefore that the Housing Minister has made clear that such changes will only be made “in a considered manner” and not as an immediate response to the coronavirus pandemic.”


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Comments

terry sullivan

21:44 PM, 19th June 2020, About 4 years ago

Reply to the comment left by Possession Friend at 19/06/2020 - 20:40
who is funding any appeal?

Mick Roberts

7:49 AM, 20th June 2020, About 4 years ago

Well that's good news if that's the last of that matter. Pathetic these wriggle out rules are. Has no relevance at all, as we all know, even more so when you've had a new boiler years after tenant has moved in. Keep bringing them Anti-Landlord measures Mr Imbecile Govt, u just making it worse for the tenant long term

Mick Roberts

7:51 AM, 20th June 2020, About 4 years ago

Reply to the comment left by Possession Friend at 19/06/2020 - 20:45
I actually lost about £550 having to pay my solicitor to sit in court for 3 hours only to tell the Judge she moved in before the Oct 2015 date anyway, so it was irrelevant.

Chris @ Possession Friend

8:09 AM, 20th June 2020, About 4 years ago

Reply to the comment left by terry sullivan at 19/06/2020 - 21:44
Very good question Terry ?

Chris @ Possession Friend

8:11 AM, 20th June 2020, About 4 years ago

Reply to the comment left by Mick Roberts at 20/06/2020 - 07:51
Was that before 1st Oct 2018 Mick, because the De-Reg Act applies to All tenancies afterwards.

Mick Roberts

9:10 AM, 20th June 2020, About 4 years ago

Reply to the comment left by Possession Friend at 20/06/2020 - 08:11The court case was around Oct 2019.
Judge wanted to make sure I gave tenant Gas certificate even though she moved in before Oct 2015. And she signed to say Received certificate same time as Section 21.

Needless to say that Judge has just pushed me one step closer to selling up and every step closer to no more vulnerable tenants.

Luke P

14:21 PM, 20th June 2020, About 4 years ago

Reply to the comment left by Mick Roberts at 20/06/2020 - 09:10
I go through the same thoughts every other week, Mick. I think between us we’d put a couple of thousand individuals on the councils’ hands if we declared ‘out’.

Mick Roberts

15:50 PM, 21st June 2020, About 4 years ago

Reply to the comment left by Luke P at 20/06/2020 - 14:21
Yes,
I am no way an expert, used to think I was just a normal Landlord renting houses out, helping HB tenants who were previously homeless & helping them do HB forms & paperwork where they might struggle.
But since having to deal with Councils (Licensing) & LHA in 2008 & UC just lately, I'm starting to think Gees, I'm a genius compared to these people. Cause they are proper thick. They have no joined up thinking at all.

If the judges on receiving these Section 21's ACTUALLY sat with us & asked us, then we got Council Homeless section in, then UC & Licensing etc., where us Landlords are at the end where all these things join, we could stop thousands of homeless. Less Landlords packing up, more tenants in houses, everyone's winner, & taxpayer save billions.
No judge or Council has officially asked me why I'm evicting. Let's solve the problem instead of just fighting for time at the end.

Does this judge or UC top people or politicians think they are better than us? Do they think they know more about renting houses out than me? Cause they clearly don't.

Chris @ Possession Friend

16:07 PM, 21st June 2020, About 4 years ago

Reply to the comment left by Mick Roberts at 21/06/2020 - 15:50
Just completing a new Revised 18 page N5b for a Landlord.
Whilst the Govt have tried to 'truss Landlords up' in Gas cert requirements - Trecarrell has come along and burst their bubble. !
😉

Mick Roberts

16:08 PM, 21st June 2020, About 4 years ago

Reply to the comment left by Possession Friend at 21/06/2020 - 16:07
Yes please keep us informed Chris. Many of us on here, although we know how to rent houses out, we ain't Legal experts.

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