A legal crowdfunding campaign to raise money for an appeal against a Section 21 ruling has almost reached target – after just one day and with 27 days still to go.
The case centres around a landlord who tried to regain possession of their property using Section 21.
The landlord won the initial hearing but the tenant successfully appealed on the basis that she was not served a gas safety certificate before moving in.
She had been served the required certificate, but this was after she moved in – and before the Section 21 notice was served.
The Judge at Exeter County Court ruled in February that where a landlord has failed to give the tenant a gas safety certificate before they occupy the property, this is a breach that cannot be remedied later.
The landlord in the case, Trecarrell House, is bringing a case at the Court of Appeal, arguing that as long as the gas safety certificate is served before the Section 21 notice, then the repossession procedure is valid.
The Residential Landlords Association is backing the appeal on the basis that the original interpretation could breach a landlord’s human rights, because it deprives them of their possessions without good reason.
It says that the property was safe, the certificate was obtained and that landlords should not lose their right to possession for a minor clerical error.
The RLA says that landlords “must have the right to regain possession of their property in legitimate circumstances”.
The RLA launched a crowdfunding campaign at 10am on Wednesday, aimed at raising £3,000 by September 20.
By this morning it had raised £2,770 from 104 pledges.
The case which is to be appealed follows the crucial ruling in Caridion Property Ltd v Monty Shooltz.