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  • Buy-to-Let

    RLA fight for landlords' repossession rights



    The Residential Landlords Association is campaigning to protect the rights of landlords to repossess their 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.

    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.”

    SEE ALSO  -        Section 21 - no EPC or "How to Rent" served?

    UP NEXT -            Section 21 with strained tenant relationship

    DON'T MISS -       Gas certificate and Section 21

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    It's good for the RLA to assist Landlords fighting such technicalities.

    The RLA knew that these issues would happen, the changes to Section 21 require a lot of documents to be served if the tenancy started on or after 1 October 2015.

    • Gas Safety Certificate
    • Energy Performance Certificate
    • How to rent: The checklist for renting in England
    • Smoke alarms have been fitted on every floor. They have been checked and are in working order at the outset of the tenancy.
    • Confirmation that carbon monoxide alarms are fitted in every room with a solid fuel burning source. They have been checked and are in working order at the outset of the tenancy.
    • Confirmation that the deposit has been protected if already paid
    • Confirmation that the prescribed information for the deposit scheme has been provided
    • Privacy notice in line with GDPR compliance

    This is why the RLA also provide a form, you can get signed prior to a tenancy. Has tick boxes for the above and a signature for the tenant https://www.rla.org.uk/landlord/document...list.shtml

    You shouldn't enter a tenancy without it, you shouldn't use an agent that doesn't have one.

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    _________________________________________________________________________


    The above post is not financial advice, its often me rambling - passing time on a coffee break.
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    _________________________________________________________________________

    Having read the reports of this case on Nearly Legal is only right that the RLA appeals this matter. The crux of it being that there was actually NO GAS appliance in the let property, the boiler was elsewhere in the building, so was inherently safe.

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    That could limit the usefulness of the case in setting a wider precedent even if it's won....

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    DISCLAIMER just my personal opinion - for legal advice consult a qualified professional grown-up.

    Is the point being made that the boiler had not been given a certificate to cover the period of the tenancy, or simply that the certificate had not been shared with the tenant?

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    In this case the system had a certificate, the Landlord hadn't provided the tenant with a copy thinking he didn't need to as the gas consuming appliance was not in the property being let,. taken to its logical conclusion the appliance does NOT have to be in the same building BUT a GSC would still be needed, which is total bollocks, for instance in ex LA property where there could be a "central boiler house" in a totally separate building like in very large blocks or tower blocks.

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    So this has intrigued me as think I have been slack. Where I have 1 gas cert in an hmo. How am I supposed to give it to multiple tenants? Or is a photocopy or a photo emailed sufficient? Sadly I’d assumed common sense would dictate it being certified and at the house would be evidence that the boiler is safe.

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    You can give them a photocopy. If you want to email it to them, you have to have their prior agreement.

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