Crowd Justice appeal: Gas Safety Certificate and Section 21

by Property 118

10:18 AM, 21st August 2019
About 2 months ago

Crowd Justice appeal: Gas Safety Certificate and Section 21

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Crowd Justice appeal: Gas Safety Certificate and Section 21

Landlord Trecarrell House Limited is being supported by the RLA and has launched a Crowd Justice appeal: “Protecting Landlords Rights: Gas Safety and Section 21” Click Here

The Court of Appeal has now granted the landlord the right to appeal.

The case centres around the lack of a remedy for being able to gain possession using Section 21 if a Gas Safety Certificate has not been issued before the tenant moves in.

The Crowd Justice case summary:

“After serving a section 21 notice, the landlord won the initial hearing for repossession. However, the tenant successfully appealed the decision on the basis that she was not given a gas safety certificate before she moved in.

Since 2015, landlords in England have been required to provide a Gas Safety Certificate to their tenants to show that the gas appliances are in working order. This flat did not have any gas appliances, but the gas safety certificate was still issued after the tenancy started and before the section 21 notice was served.

The Residential Landlords Association is supporting the landlord, Trecarrell House Limited, at the Court of Appeal on the basis that as long as the gas safety certificate is provided before the Section 21 notice is served, then the notice is valid.

The main argument is that the current interpretation of the law could potentially breach a landlord’s human rights. This is because it deprives them of their possessions without good reason.

Also, the RLA understands from the government that this was not a consequence that they intended or anticipated from the regulations.

While the failure to provide a gas safety certificate is important, the property was safe and the certificate was obtained. Landlords should not lose their right to possession for what is little more than a clerical error.

This case is of great importance to all landlords. Landlords must have the right to regain possession of their property in legitimate circumstances. This provides the confidence the private rented sector needs to offer longer tenancies to tenants.

Funds raised will go towards supporting legal costs for Trecarrell House Limited.

The RLA and Trecarrell House Limited would like to take the time to say thank you to everyone for their contributions.”

 

 



Comments

Luke P

14:36 PM, 26th August 2019
About 2 months ago

Reply to the comment left by Hamish McBloggs at 26/08/2019 - 13:00
Very good point and argument, Hamish…let’s hope something to that effect forms part of the appeal case.

Hamish McBloggs

16:08 PM, 26th August 2019
About 2 months ago

Reply to the comment left by Luke P at 26/08/2019 - 14:36
It's frustrating Luke.

For me it's clear the legislation was never intended to work that way forcing an appeal using the HRA. I 'feel' that the changes were intended to be nobler, (however cynical I might be otherwise), the changes were about improving landlord standards and the safety and confidence of tenants. This is lost in the noise of lengthy/expensive legal action, ever changing housing ministers, anti-landlord lobbies and political expediency.

Why can I see glaringly obvious inconsistencies and misaligned treatments and why can't our Government?

So if neighbouring units are owner occupiers and not landlord/tenant?

One would hope that the landlords are conscientious enough to at least carry out the minimum annual checks.

I would suspect that a neighbouring owner occupier would not have the relevant gas safety certification thus casting into doubt the safety of an entire block.

Doubly so if they have lived there for sometime and never had a wiring inspection unlike the neighbouring tenanted units. We wouldn't want a fire would we.

H

Luke P

0:49 AM, 27th August 2019
About 2 months ago

Reply to the comment left by Hamish McBloggs at 26/08/2019 - 16:08Perhaps all these inspection and certificates, whilst on the face can hardly have anyone arguing against safety, are, in real-world practical terms, unworkable. Either every single premises in the land requires an annual GSC, or none. Even in individual houses (rather than a block of flats), a gas explosion at a non-checked owner occupiers’ can take out the rented neighbours either side.

Denise G

10:27 AM, 27th August 2019
About 2 months ago

Reply to the comment left by Luke P at 27/08/2019 - 00:49So are you then advocating gas inspections certificates for premises which aren't even connected to gas? That REALLY sounds like a recommendation that might be made by a landlord bashing, publicity seeking MP.

Luke P

16:36 PM, 27th August 2019
About 2 months ago

Reply to the comment left by Denise G at 27/08/2019 - 10:27
The requirement for a gas safety would of course be conditional upon their being a gas supply/appliance (I thought that was a given), but should apply equally to OO, commercial, HA, LA & PRS.

Rob Crawford

17:34 PM, 29th August 2019
About 2 months ago

Lets not forget this article launches a fund raising appeal! You can make a pledge via the link in the introduction, a simple process and small amounts are accepted. This has national implications and unless you have hard evidence that you have served a valid gas safe certificate before the tenancy start anyone can be caught out. I would hope the target is reached quite quickly. One thing we don't want is for this clause to migrate into any new legislation that may replace the section 21 form 6a! If left unchallenged I am sure this will be the case.

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