Landlords are still waiting to find out whether the Supreme Court will decide whether to hear the section 21 gas safety case concerning whether landlords can serve a section 21 eviction notice on a tenant when a gas safety certificate has been served after a tenancy has begun.

It’s 12 month since the Court of Appeal allowed the appeal of landlord Trecarrell House Limited; as we reported in March, after nine months of legal preparation, lawyers representing the tenant in the contentious eviction case applied to the Supreme Court for permission to challenge the judgement.

The tenant involved, Patricia Rouncefield, had challenged her eviction after the St Ives landlord serve an S21 notice on her, despite having provided a certificate after her tenancy began. Appeal court judges found in favour of Trecarrell House.

Readers have been in touch to ask for news, however, Justin Bates, housing lawyer at Landmark Chambers, which represented Trecarrell House, tells LandlordZONE: “The papers are currently with the Supreme Court awaiting a decision. I am afraid we have no idea when the Supreme Court will make a decision.”

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LandlordZONE understands that, if permission is granted, it could then take several months before a date is secured for a Supreme Court hearing.

Tim Frome (pictured) of Landlord Action has said that if Rouncefield’s legal team wins the appeal it would still be a blow to landlords ahead of the government legislating to remove the use of Section 21 notices.

3 COMMENTS

  1. As I understand it, the landlord had the property checked before the tenant moved in, and it was fine, but the landlord omitted to give a copy of the certificate to the tenant until after they moved in. In other words the landlord put the tenant in no danger and fulfilled the legal obligation to ensure the property was safe to occupy. This is all about the totally trivial matter of not giving the tenant a piece of paper before the tenancy. The tenant in law is deemed to be pig ignorant, as the law takes no account of the fact that the tenant didn’t ask for the piece of paper and probably couldn’t care less about it, as long as the property wasn’t unsafe. This is an incredibly minor transgression which should have no relevance on a landlord being able to exercise a contactual right to reclaim their property with the specified notice. The legal system here is a disgrace.

  2. So tenant is being awkward because she can be , she was never in any danger and is being difficult because she seems to think she has more rights over the property than the owners. At somebpoint she’ll be forced to move out and then she’ll find it incredibly difficult to find another landlord willing to rent to her .

  3. I been a landlord for nearly 35 years and only been to court once to reclaim a property. Not used estate agent for over 25 years and work close with my tenants not against them. Yes they miss payments but working together we get back on track. Have a range of properties some on housing benefit some working full and part time.
    There’s to many arm chair landlords just in for the money.
    My experience is be fair and treat as you would like to be treated.

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