A panel gathering consisting of supreme court judges have now rejected a tenant’s application on the basis that the application does not raise a point of general public importance.
In June 2020 the court of appeal ruled in the case of Trecarrell House Limited v Rouncefield in a 2-to-1 majority decision that a late service of a gas safety certificate does not prevent a landlord from serving a section 21 provided there has been service before section 21.
In the Trecarrell case, the tenant had sought to overturn the Court of Appeal’s decision in the Supreme Court.
Where does it leave you the landlord ?
The panel’s decision would come as a great relief to landlord across the country in that accidental mistake of not providing tenants with a certificate at the time of tenancy could not result in them permanently losing the ability to service a section 21 notice on the tenant.
This ruling bring to mind the principle of stare decisis, 🤔 as such the supreme court decision means that the Court of Appeal’s decision of June 2020 must be followed by District Judges who deal with possession claims at the lower court.
The information given here is intended for general information purposes only and should not be taken as legal advice
