A legal firm involved in a housing case before the Court of Appeal claims it raises a key question about tenant safety and the limits of section 21 evictions.
Duncan Lewis Solicitors is representing tenants in two linked appeals that could have wide implications across the private rented sector.
The dispute centres on the use of a section 21 notice. The landlord originally obtained a possession order, but that order was set aside by a Circuit Judge after it became clear that the landlord had failed to provide the tenants with a pre-occupation gas safety certificate.
This requirement arises from the Gas Safety (Installation and Use) Regulations 1998 and the solicitor firm says it exists for a clear reason.
That is, to ensure that tenants moving into rented homes are protected from potentially dangerous gas appliances. I
The landlord has now appealed, asking the Court of Appeal to overturn the decision and reinstate the eviction.
Duncan Lewis Solicitors says the legal question at the heart of the appeal is whether a landlord can use a Section 21 notice when they have not complied with safety obligations at the start of the tenancy.
A statement from the law firm says: “Adding further importance to the case, the Court is considering whether this appeal should be heard alongside another similar case, Muca v El Amrani. Both appeals raise closely related legal issues about gas safety compliance and the validity of section 21 notices.
“ … For our clients, the stakes are immediate and personal. The outcome will determine whether they are able to remain in their homes.
“More broadly, the case could influence how courts approach landlord compliance and tenant safety in long standing tenancies across the country.
“Gas safety rules exist to protect people living in rented homes.
“The courts are now being asked to consider whether landlords who fail to meet those obligations can still rely on the accelerated possession route.
“ … The Court of Appeal’s decision could help clarify how strictly landlords must comply with safety obligations when relying on section 21, at a time when Parliament is already moving towards stronger protections for renters.”
Duncan Lewis Solicitors is representing the tenants in both appeals.
This article is taken from Landlord Today