Residential Landlords Association (RLA)
Crowdjustice appeal exceeds £4k in one week
A crowdjustice page set up to support a landlord in an important appeal around Section 21 and gas safety certificates has reached more than £4000- just a week after being launched.
The legal case
The RLA is urging landlords to back a legal case to protect their rights to repossess properties.
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 that 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.
Despite the landlord making this available once the tenancy had begun, the Court ruled that their Section 21 powers were invalid, referring to a previous similar case in which the certificate was made available less than two weeks after the tenant moved in.
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.
It is calling on landlords to back the case by making a financial contribution to support the case through a Crowd Justice website launched last week.
In just one week since the page launched, more than £4500 has been pledged. Funds raised will go towards supporting legal costs for Trecarrell House Limited.
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