Fair Rents (Scotland) Bill or Artificial state manipulation of free market rent?10:34 AM, 6th November 2020
About 4 weeks ago 36
Last Friday I attended the excellent and very informative Landlord Law Conference, which I thoroughly recommend to anyone. In particular it helped me keep completely up to date with all the latest legislation that has passed and is likely to be passed.
However, during the lecture by Sam Madge-Wyld (Barrister-at-Law) for Tranfield Chambers, there was a case revealed that nearly made me fall out of my chair. The lecture was 2018: The year in Review and looked at new legislation and cases over the past year.
Caridon Property:td v Monty Shooltz. Central London County Court 2nd Feb 2018, HHJ Luba QC. The decision which was upheld on appeal in County Court was that:
A Landlord cannot serve a section 21 notice if they have failed to provide a new tenant a copy of the most recent gas certificate before the tenant occupies the premises.
Under the Deregulation act on tenancies started or renewed from 1st Oct 2015 a gas safety certificate must be supplied before a section 21 eviction notice can be issued. However, this new decision means a section 21 cannot be issued during the tenancy where a gas certificate was not issued before the tenancy started.
The error cannot be rectified by supplying the gas certificate at a later date!
This decision is not binding on other courts outside London, but many consider it the correct interpretation of Parliaments intended regulation. Therefore, this could be coming further down the track for all landlords so make sure you are compliant from here on in.
This case was written about by Tessa Shepperson of Landlord Law on 13/02/2018 and full details of the case and implications can be read in her article if you Click Here.
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