Landlords urged to ‘fight’ to protect their rights to legitimately repossess properties
Buy-to-let landlords are being encouraged to back a legal case aimed at protecting their rights to repossess properties by making a financial contribution through a Crowd Justice website.
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 the 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.
The court denied the landlord Section 21 powers despite the fact that a gas safety certificate was made available shortly after the tenancy had started.
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.
The Crowd Justice webpage for contributions to be made through can be accessed by clicking here.
David Smith, policy director for the RLA, commented: “Protecting the rights of landlords to repossess properties in legitimate circumstances is key to providing the confidence the sector needs to offer longer tenancies.
“The landlord in this case was not seeking to shirk their responsibilities and provided the certificates that were needed.
“We will fight to ensure that if nothing else, logic prevails. We urge those who agree to support the campaign by making a contribution to the costs.”