A legal challenge is to be brought in the Court of Appeal after a ruling that a landlord could not regain possession of their property because they had not served a gas safety certificate until after the tenancy started.
The case, Trecarrel House Ltd v Rouncefield, was heard at Exeter County Court last month.
The landlord had initially been granted an order to possess the property using Section 21.
However, the tenant successfully appealed on the grounds that they were not provided with a gas safety certificate before moving in.
Although the certificate was later served, the court said that the landlord’s Section 21 powers were invalid.
The Residential Landlords Association is supporting the landlord, Trecarrell House.
The case follows another, Caridon Property Ltd v Monty Shoolt, also heard at a county court last year.
As EYE reported, that case was important because although county courts do not establish precedent, the Judge is a recognised authority on housing law.
Not only that but Judge Jan Luba has co-written a book, Defending Possession Proceedings, which district judges use when deciding how to apply the law.
Until that case, landlords and agents who had failed to issue a gas safety certificate at the prescribed time, could do so later on before serving a Section 21 notice.
Landlord bodies and lawyers have called on the Government to amend tenancy and gas safety laws, but so far to no avail.
Now it looks as though the Court of Appeal will decide the issue.
David Smith, lawyer and policy director of the RLA, said of the forthcoming challenge: “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.”