Yesterday’s Court of Appeal ruling in the case of Trecarrell House Limited v Rouncefield has provided landlords with much-needed clarity on no-fault eviction position on gas safety certificates, a move which has been welcomed by the National Residential Landlords Association (NRLA).
In its latest ruling, the court has confirmed that landlords can evict a tenant by a Section 21 notice even if they have not provided an up to date gas safety record at the start of the tenancy.
The court ruling means failure to give the gas safety certificate before the tenant begins to occupy can be remedied by giving it at any time before service of a Section 21 notice.
John Stewart, deputy policy director for the NRLA, commented: “We welcome the clarity that the ruling brings for the sector.
“Going forward, however, ministers remain committed to eventually getting rid of Section 21 altogether.”
Prior to the NRLA being formed the Residential Landlords Association supported the landlord, arguing the situation could have breached a landlord’s rights under the European Convention on Human Rights on the basis that it deprives them of their possession.
A crowdfunding campaign set up by the RLA to raise money for the appeal raised more than £7,000.
Stewart added: “We have been campaigning to ensure that such moves are only made within the context of improvements to the way courts handle cases and clear, comprehensive and timely routes for landlords to repossess properties in legitimate circumstances.
“We are heartened therefore that the housing minister has made clear that such changes will only be made “in a considered manner” and not as an immediate response to the coronavirus pandemic.”
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Why oh why are S21 Notices STILL referred to as no fault?
It really is a no brainer they are not, repeat not, no fault evictions.
I've always refereed to s 21 as the accelerated eviction, when we have a rouge tenant we want them out asap and s 21 is the quickest way
There is an assumption that problematic tenants are only dealt with using Section 8. Why does noone ask the question, why would a landlord serve a section 21 on a compliant tenant? They wouldnt, and they dont, execept if they sell, they move back in, or family need somewhere to live, but they are all relatively few in number.
Perhaps more press needs to cover that the section 8 process is not fit for purpose and in fact landlords use section 21 as the route of least resistance to remove tenants who ordinarily should be evicted through the Courts if it didnt tale 6 months +.
All this is largely pointless.
S21 along with the AST is to be abolished leaving the even more dysfunctional S8 process.
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