10:24 AM, 14th April 2022, About 2 years ago 3
The tenants in the Recarrell v Rouncefield case, who lost their appeal at the High Court, have now had their bid to have the case heard at the Supreme Court declined on the basis that it was not a point of general public importance.
The case won by the landlord was a landmark decision confirming even if a gas safety certificate was not provided at the very start of the tenancy it did not preclude a landlord from ever gaining possession or eviction at any point in the future as long a certificate was provided at a later date.
Sarah Cummins, senior associate solicitor at Anthony Gold, said: “The Court’s decision will be welcomed by private sector landlords who feared that a failure to provide the gas safety certificate before occupation permanently prevented them from recovering possession of their properties,”
“It has been nearly two years since the Court of Appeal’s judgment and the Supreme Court’s decision to refuse to hear the tenant’s appeal now brings some certainty to this difficult area of law.
“There is no requirement for the Supreme Court to explain its reasons, but it may be that the promised abolition of section 21 notices played some role in the court’s decision to refuse permission to appeal.”
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