Training for Professionals News

  • Apr 14/2022

    Section 21

    The long running gas where a landlord failed to provide a copy of the gas safety record to the tenant, even though there was a vail record at the time of move in, has finally come to a close. The landlord, Trecarrel House, won in the Court of Appeal by a 2 to 1 majority. The tenant sought to overturn this judgment in the Supreme Court.

    In order to take the appeal further permission to appeal would have been needed and this has been refused on the basis that the case does not raise an important point of law of wider interest. The facts of the case were a little unusual in that it was about displaying the record (as it was a situation where there was not actual gas in the room being rented and this is covered by regulation 36(7)), however also part of the decision making process may have been the fact that the case would be being heard at a time when we are going to lose the section 21 notice anyway.

    One might argue this is a victory for landlords, though in truth this would make it a pyric victory as all landlords will lose the right o section 21 under current plans. Further news about those plans are due out "in the spring" with DLUHC unwilling to commit to any more specific time scale. AS this change will require primary legislation it is likely that this could be launched in the autumn with legislation often taking a year to get through Parliament so a best guess would be that from sometime in 2023 the whole assured shorthold tenancy and section 21 notice will be abolished. The plan was announced that it would not affect existing tenancies, only those created after the new law comes into force.

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