9:30 - 17:30

Opening Hours Mon. - Fri.

+44 20 3417 3859

Call Us For Consultation

info@adeljibssolicitors.co.uk

Email Us For Consultation

Important view by the Supreme Court on section 21 Notice

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

Share:

Facebook
Twitter
Pinterest
LinkedIn

Leave a Comment

Your email address will not be published. Required fields are marked *

On Key

Related Posts

An illustrated courtroom scene showing a man holding up a law book titled "Courtroom Law" while standing before a judge and jury composed of a diverse group of cartoon characters, suggesting the universality and fairness of the legal system.

Grounds for Setting Aside Default Judgments: A Legal Guide

Default judgments are a powerful tool for claimants in legal proceedings. However, it is crucial to understand that default judgments can be set aside under certain circumstances. A defendant has 14 days from the date of service of particulars of

An artistic interpretation titled 'Responding to Interim Threshold in Child Care Proceedings' showcases a compassionate courtroom scene centered on child welfare. The illustration features symbolic elements like the scales of justice and a gavel, entwined with protective hands cradling a child figure, embodying care and safeguarding. A backdrop of soft, warm hues and gentle lighting enhances the nurturing atmosphere. Symbolic imagery, including a protective barrier and intertwining paths, represents the safeguarding of children and the complex journey through legal processes, all captured in the emotionally rich and vivid storytelling style reminiscent of Pixar animations.

Responding to Interim Thresholds in Child Care Proceedings

In childcare proceeding cases, local authorities may present an interim threshold document that outlines their concerns regarding a child’s well-being and the alleged actions or inactions of the parents that may have put the child at risk. Responding to the

Judgment in the case Tousi v Gaydukov

The  Court of Appeal recently handed down the judgment in Tousi v Gaydukova, addressing the issue of whether the term “cohabitants” can include parties to a void marriage, in the context of transferring a tenancy under the Family Law Act

Legal Aid

Legal Aid in Family Law: For Your Understanding

At Adel Jibs, we understand the complexities surrounding family legal matters and the importance of having the right support. Legal aid can be a crucial resource for those requiring legal assistance navigating this difficult situation, and here legal aid can

WordPress Cookie Plugin by Real Cookie Banner