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

by Property 118

16:35 PM, 18th June 2020
About 3 weeks ago

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

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

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.”



Comments

Olivia F.

15:51 PM, 23rd June 2020
About 2 weeks ago

Am I correct in thinking that this ruling will not apply to section 21 notices prior to the ruling? Good news but certainly leaves a few loopholes as us landlords are still legally obligated to provide the GSR prior to occupation according to Gas regulations and still face penalties nonetheless.

Ian Narbeth

17:54 PM, 23rd June 2020
About 2 weeks ago

Hi Olivia No. If you have served the GSC but after the tenant moved in that now will not be fatal to the s21 application.

Olivia F.

11:16 AM, 30th June 2020
About A week ago

Reply to the comment left by Ian Narbeth at 23/06/2020 - 17:54
Thanks for your reply, Ian. Still really confused about this ruling. Does it only apply to the GSR? or all required documents? What if the TDS was not provided correctly does this still affect a section 21? Had a previous colleague who got stitched up due to not supplying terms/conditions +signatures along with the TDS

Possession Friend

11:32 AM, 30th June 2020
About A week ago

Reply to the comment left by Olivia F. at 30/06/2020 - 11:16
If Deposit was not protected w/I 30 days, you have to Return Deposit before a Sec 21 can be served ( unless Tenant agrees in writing to offset the whole of deposit against rent arrears )

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