Win for NRLA in Gas Certificate Appeal

by Nathan Colom - 22nd June 2020

Last week, the Court of Appeal sided with private landlords in the Trecarrell v Rouncefield case – a case that potentially threatened the way landlords could repossess properties.

The case focused on the relationship between Section 21 notices and gas safety certificates. The landlord, Trecarrell House Limited, was initially granted an order to repossess a property using Section 21 powers, but the tenant successfully appealed on the grounds that they were not provided with a gas safety certificate before moving in.

The Courts initially ruled that the Section 21 notice was invalid, despite the landlord making the certificate available once the tenancy had started.

However, the Court of Appeal recently ruled that Section 21 notices are valid providing a Gas Safety Certificate is issued before any notice is given to the tenant.

Of the ruling change, John Stewart, Deputy Policy Director for the NRLA said:

“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. 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”.

Read more about it here – https://www.landmarkchambers.co.uk/trecarrell-house-ltd-v-rouncefield-2020-ewca-civ/