Landlords asked to support repossession court case
Landlords in the private rented sector are being urged to back a legal case to protect their rights to repossess properties.
The call from the Residential Landlords Association (RLA) follows a recent court case in which a landlord’s attempt to regain their property was deemed invalid due to a dispute over a gas safety certificate.
After that landlord was initially granted an order to repossess the property using Section 21 powers, 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 this available once the tenancy had begun, the Court ruled that their Section 21 powers were invalid, referring to a previous similar case in which the certificate was made available less than two weeks after the tenant moved in.
The judge in the appeal said that if the gas safety certificate was not served on the tenant before they took up occupation then a Section 21 notice could not be relied on to regain possession, and the situation could not be resolved by serving one after the moving in date.
The RLA is supporting the landlord, Trecarrell House Limited, at the Court of Appeal, on the basis that so long as the gas safety certificate is provided before the Section 21 notice is served, then it is valid.
It argues that the case could breach a landlord’s rights under the European Convention on Human Rights on the basis that it deprives them of their possession and is calling on landlords to back the case by making a financial contribution to support the case through a Crowd Justice website.
‘Protecting the rights of landlords to repossess properties in legitimate circumstances is key to providing the confidence the sector needs to offer longer tenancies. The landlord in this case was not seeking to shirk their responsibilities and provided the certificates that were needed,’ said David Smith, RLA policy director.
‘We will fight to ensure that if nothing else, logic prevails. We urge those who agree to support the campaign by making a contribution to the costs,’ he added.
The Crowd Justice webpage for contributions to be made through can be accessed at: https://www.crowdjustice.com/case/protectingsection21rights