x
By using this website, you agree to our use of cookies to enhance your experience.
STAY CONNECTED!
    
newsletter-button

TODAY'S OTHER NEWS

Landlords urged to ‘fight’ to protect their rights to legitimately repossess properties

Buy-to-let landlords are being encouraged to back a legal case aimed at protecting their rights to repossess properties by making a financial contribution through a Crowd Justice website.

This 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 the 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.

The court denied the landlord Section 21 powers despite the fact that a gas safety certificate was made available shortly after the tenancy had started.

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.

The Crowd Justice webpage for contributions to be made through can be accessed by clicking here.

David Smith, policy director for the RLA, commented: “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.

“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.”

Poll: Are you willing to support this campaign by making a contribution to the costs?

PLACE YOUR VOTE BELOW

  • icon

    There are more renters than landlords. Therefore more votes in it for those who can portray they are more on the side of tenants. Corbyn though would be even more anti landlord than the Tories. I wonder how all those MPs with property let portfolios will feel with tenants allowed to de facto squat?

    icon

    And there are a lot of labour MPs with property portfolios, Mr Blair has a very large portfolio. Few renters are going to vote Tory what ever the Tories do for them.

     
  • Just Mogler

    Happy to support and will...What is not made clear is...Was a gas safety Cert in force at the start of the tenancy. Gas Certs are not issued as the tenant steps across the threshold. If a cert was not in force from the start and for the first hour of a tenancy, both the tenant and the law will have a landlord by the short and curlies. As for the MP breed of the better known human landlord, they will have their trusty agent acting on their behalf.

    icon

    A landlord is meant to supply a copy of the currant gas cert at the beginning of the tenancy. It might only be valid for another month but this is legal. This is a little thing that has crept in recently designed to catch unaware landlords. Hence if tenant can prove that they didn't receive a copy of cert at start of tenancy they can attempt to obfuscate the judge during a hearing when they are being brought into court for arrears.
    However if a tenant deliberately delays a gas check or any sort of repair this act goes unpunished as long as you can prove you attempted the gas check or repair

     
  • icon

    Actually no I already pay the RLA their fees and I honestly feel we have the equivalent of Theresa May standing up for us as landlords - weak

icon

Please login to comment

Zero Deposit Zero Deposit Zero Deposit
sign up