Campaigns Environment, Safety and Standards

Protecting repossession rights: Crowdfunder to back appeal raises more than £4k in one week

Victoria Barker
Written by Victoria Barker

A crowdfunder set up to raise money for an appeal to protect the rights of landlords to repossess their properties has raised more than £4500 in a week.

The legal case

The RLA is currently urging landlords 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 on Wednesday 21st September. Funds raised will go towards supporting legal costs for Trecarrell House Limited.

In just three days of the page launching, the inital target of £3000 was reached. This crowdfunding page will close on 22nd September at 10am.

About the author

Victoria Barker

Victoria Barker

Victoria is the Communications Officer for the RLA.

She is responsible for producing articles for our Campaigns and News Centre, the weekly E-News newsletter and media review, and creating social media content. She also contributes to our members magazine, Residential Property Investor.

1 Comment

  • This gas safety certificate issue is a scam of the highest order, What does it have to do with eviction? NOTHING. Just another way to make life difficult for landlords who are providing a service councils have cynically sold off and now councils are cynically making landlords jump through hoops that are already covered by letting agents, accountants and other paid professional bodies. With all this extra ‘education’ we are expected to take on, we will not need agents or accountants etc. Does government and their councils have a braincell between them?

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