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  • Property-a-holics

    Donate to fund to protect repossession rights



    Landlords are being urged 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 today.

    David Smith, Policy Director for the RLA, said:

    “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.” 

    MAKE A DONATION TO THE FUND 

    SEE ALSO  -         Abolishment of Section 21 - effect on tenants

    UP NEXT -             Section 21 consultation now LIVE!

    DON'T MISS -        Section 21 - curated threads, news, & videos

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    Only 7 pledges made since 10.00 am launch - out of 2.5 million landlords and significant media exposure across multiple platforms.

    Come on!  Step up and MAKE A DONATION TO THE FUND !

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    Shouldn't the landlord have had legal cover in their insurance policy to cover such cost.

    I understand the overall purpose but this to me is a irresponsible Landlord and I unfortunately can't support it since I'm following the correct process when I'm dealing with my business.

    This is a prime example of accidental landlords or people that think being Landlord is just buying a property and renting it out without understanding the responsibilities that come with this job. 

    Unfortunately on this occasion I'm unable to support the plight on this individual. It's a personal decision and no reflection on what everyone is trying to address as part of the bigger picture.
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    Saagar

    Disclaimer: I have no legal expertise nor am I a qualified advisor on any subject. A humble landlord using an open forum to exchange ideas and experiences. 


    There wasn't a boiler in the flat! I think it was a bedsit and the boiler was outside the accommodation.
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    Is this the same case you posted about here? or another?

    Will certainly support this but...
    I think Saagar is right about novice landlords falling into the trap, its been a known issue for ages... 
    Except that is more reason to fight this, there should be nothing more simple than one person renting to another.
    The burocratric mess of renting needs to be cut down. The myth that "The Private Rented Sector is Unregulated" busted again.

    It's not just gas certificate, a lot can invalidate a Section 21:

    • Evidence you provided EPC at start of Tenancy & EPC
    • Evidence you provided "How to Rent Guide"
    • Evidence you provided Gas Certificate.
    • Evidence you provided Electric Certificate.

    This is why RLA members have access to a New Tenancy Document Checklist to get signed by your Tenant, so you can evidence to a court that you did serve these prior to the Tenancy Start Date.

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    _________________________________________________________________________


    My posts are not financial advice, just a rambling guy passing time on a coffee break.
    The team at Bespoke Finance offers advice, including Limited Company Buy-to-Let , HMO Conversion and Cheap Life Insurance.

    _________________________________________________________________________


    Adam

    You state serve prior to Tenancy start date. Is it not ok to serve/give these documents to the tenant on the day they sign/move in to the property if it is the same day

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    I am no solicitor but I can tell you my interpretation.  You would have to provide them prior, given that the EPC may inform a Tenants position to take the property up or not.
    Though to answer your question the same day should be fine. I get the New Tenancy Document Checklist signed at the same time as the tenancy, as evidence they were provided beforehand.

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    _________________________________________________________________________


    My posts are not financial advice, just a rambling guy passing time on a coffee break.
    The team at Bespoke Finance offers advice, including Limited Company Buy-to-Let , HMO Conversion and Cheap Life Insurance.

    _________________________________________________________________________


    It is only the Gas Safety Certificate that has a time limit associated with it in the legislation.

    From Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015:

    Compliance with prescribed legal requirements
    2.—(1) Subject to paragraph (2), the requirements prescribed(b) for the purposes of section 21A of the Act are the requirements contained in—
    (a) regulation 6(5) of the Energy Performance of Buildings (England and Wales) Regulations 2012© (requirement to provide an energy performance certificate to a tenant or buyer
    free of charge); and
    (b) paragraph (6) or (as the case may be) paragraph (7) of regulation 36 of the Gas Safety (Installation and Use) Regulations 1998(d) (requirement to provide tenant with a gas
    safety certificate).
    (2) For the purposes of section 21A of the Act, the requirement prescribed by paragraph (1)(b) is limited to the requirement on a landlord to give a copy of the relevant record to the tenant and the 28 day period for compliance with that requirement does not apply.

    Requirement for landlord to provide prescribed information
    3.—(1) A landlord under an assured shorthold tenancy of a dwelling-house in England, or a person acting on behalf of such a landlord, must give the tenant under that tenancy the information mentioned in paragraph (2).
    (2) The information is the version of the document entitled “How to rent: the checklist for renting in England”, as published by the Department for Communities and Local Government, that
    has effect for the time being.
    (3) The information may be provided to the tenant—
    (a) in hard copy; or
    (b) where the tenant has notified the landlord, or a person acting on behalf of the landlord, of an e-mail address at which the tenant is content to accept service of notices and other
    documents given under or in connection with the tenancy, by e-mail.
    (4) Paragraph (1) does not require a landlord, or person acting on behalf of the landlord, who has provided the tenant with the document mentioned in paragraph (2) to supply a further copy of the document each time a different version of that document is published during the tenancy.
    (5) This regulation does not apply—
    (a) where the landlord is a private registered provider of social housing; or
    (b) where—
    (i) the tenancy (“the new tenancy”) is a replacement tenancy;
    (ii) the landlord, or a person acting on behalf of the landlord, provided the tenant with the document mentioned in paragraph (2) under an earlier tenancy; and
    (iii) the version of the document provided to the tenant under the earlier tenancy is the same version as the version which is in effect on the first day of the new tenancy.
    (6) In this regulation “replacement tenancy” has the same meaning as in section 21(7) of the Act.

    The relevant paragraph of The Energy Performance of Buildings (England and Wales) Regulations 2012 states:

    (5) The relevant person must ensure that a valid energy performance certificate has been given free of charge to the person who ultimately becomes the buyer or tenant.

    Unlike the Gas Safety Certificate there are no time limits imposed on the service of the EPC or HtR booklet. As 2(2) of the ASTNPRR references the 28 days on GSCs, the politicians were clearly thinking about time limits when they were drafting this legislation.

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    I notice all this applies to tenancies drawn up after 2015. Has there been any retrospective move to apply to tenancies preceding 2015?
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    You must be able to prove the doc was provided BEFORE the AST was signed. I have the tenant put the time of receipt as well as the date of both docs on my checklist ie Cert received 10.05, AST signed 10.06.
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    When I applied for possession following a S21 there was no question of whether or when a safety certificate had been issued for the boiler, it wasn't relevant.

    It seems it only applies to gas fueled boilers and I had an oil fueled boiler. Who makes these rules up?!

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    A good teacher must know the rules; a good pupil, the exceptions.

    Martin H. Fischer