After nearly nine months of legal preparation lawyers representing the tenant in last year’s contentious Trecarrell House Ltd v Patricia Rouncefield eviction case have applied to the Supreme Court for permission to challenge the Appeal Court judgement.

Both sides in the case had sought to clarify if landlords can serve a Section 21 eviction notice on a tenant when a gas safety certificate has been served after a tenancy has begun.

The tenant involved, Patricia Rouncefield, had challenged her eviction after the landlord Trecarrell House in St Ives, Cornwall tried to serve an S21 notice on her despite having provided a certificate after her tenancy began.

There was jubilation among landlords in June when, after months of legal wrangling, Lord Justices Patten, King and Moylan passed judgement in the case – following their original hearing in January 2019 during which evidence was presented from both sides – finding in favour of Trecarrell House.

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Clarity

At the time Treccarrell House’s legal firm Landmark Chambers said the ruling was good news for landlords and it welcomed the clarity on whether a Section 21 claim is valid as long as the certificate has been provided.

But soon afterwards, Rouncefield’s then legal team from Oliver Fisher told LandlordZONE that they intended to seek permission to appeal to the Supreme Court – and this has now come to pass.

This will take time. LandlordZONE understands that it will take between three and six months before a date can be secured for a Supreme Court hearing assuming permission for the appeal is granted.

“Assuming Rouncefield’s legal team win the appeal at some point this year, it would return us to the situation that landlords were required to serve the first gas safety certificate before the tenancy actually began,” says Tim Frome of Landlord Action (pictured).

“Although only a small percentage of eviction cases would be impacted this would still be a blow to landlords ahead of the likely situation of the government legislating to remove the use of Section 21 notices in the future.”

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