The rights of landlords to repossess their properties is being backed by The Residential Landlords Association.
A recent court case which involved a dispute over a gas certificate led to a landlord discovering that they were unable to repossess the property under Section 21 powers.
Trecarrell House Limited’s attempts to remove a tenant from one of its properties was thwarted when the original court order was successfully appealed.
The tenant argued that they were not provided with a gas safety certificate prior to moving in, leading to the Section 21 powers being invalid, even though the landlord had provided the information after they had moved in.
The appeal judge ruled that as the gas safety certificate had not been served prior to occupation, the Section 21 notice could not be relied upon to regain possession.
The RLA is now campaigning for the rights of landlords, arguing that the case, in effect, breaches a landlord’s human rights as it effectively deprives them of their possession, in contravention of European Commission rules.
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.”
Erin Duffy, a Associate Solicitor at Palmers, who specialises in landlord and tenant legal matters, said: “Landlords can be the targets of brazen behaviour, with tenants using legal loopholes to avoid eviction.
“This means it is crucial that landlords are aware of the duties and responsibilities so that they are not caught out. Ensuring that the necessary documentation is provided to tenants in a timely manner will minimise the risk of costly disputes further down the line.
“Here at Palmers Solicitors, our team is highly experienced in advising landlords on the steps they need to take to ensure that all matters relating to a tenancy agreement are compliant.”
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