Landlords are still waiting for the courts to hand down a conclusive ruling on whether they can serve a section 21 eviction notice on a tenant when a gas safety certificate has been served after a tenancy has begun.
It’s 12 month since the Court of Appeal allowed the appeal of landlord Trecarrell House Limited; as we reported in March, after nine months of legal preparation, lawyers representing the tenant in the contentious eviction case applied to the Supreme Court for permission to challenge the judgement.
The tenant involved, Patricia Rouncefield, had challenged her eviction after the St Ives landlord tried to serve an S21 notice on her, despite having provided a certificate after her tenancy began. Appeal court judges found in favour of Trecarrell House.
Readers have been in touch to ask for news, however, Justin Bates, housing lawyer at Landmark Chambers, which represented Trecarrell House, tells LandlordZONE: “The papers are currently with the Supreme Court awaiting a decision. I am afraid we have no idea when the Supreme Court will make a decision.”
LandlordZONE understands that could take another three months before a date can be secured for a Supreme Court hearing assuming permission for the appeal is granted.
Tim Frome (pictured) of Landlord Action has said that if Rouncefield’s legal team wins the appeal it would still be a blow to landlords ahead of the government legislating to remove the use of Section 21 notices.
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