Court backs landlord over repossession notices

22nd June 2020

Landlords denied the right to issue repossession orders if they hadn’t handed new tenants all the correct paperwork have been backed by a Court of Appeal ruling.

An earlier ruling on the case of Trecarrell v Rouncefield said the landlord, Trecarrell House Ltd, was not entitled to serve a Section 21 notice to repossess a property because the tenant had not been provided with a gas safety certificate before they moved in.

The landlord had handed over the certificate later but the courts initially ruled that because it was more than two weeks after the tenant moved in, the Section 21 notice could not be served.

Trecarrell took the case to the Court of Appeal, which sided with them and said that Section 21 notices are valid as long as a gas safety certificate is given to the tenant before a Section 21 is issued.

“A huge relief”

Letters Managing Director Anya Mathewson said: “This decision will come as a huge relief to landlords, who were being punished for what was usually an honest slip-up with their paperwork.

“As a responsible letting agency we have a check list of all the vital safety certificates and paperwork, to protect both tenant and landlords, so this sort of mistake would not occur. But we do hear of cases like this one. I understand an appeal to the ruling is being considered but as the law stands now, I welcome the court’s clarification.”

We are happy to discuss any concerns you may have as a tenant or landlord, and provide clarity to points of law. Please contact us and one of our team will be in touch.