June 24, 2020

On the Case: What Trecarrell means for section 21 and AST landlords

The Court of Appeal has ruled, in Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760; [2020] PLSCS 119, that a landlord’s failure to issue an assured shorthold tenant with a gas safety certificate prior to occupation does not create a permanent bar to issuing a section 21 eviction notice.

The eagerly-awaited decision comes as welcome news for landlords of ASTs, as explained by barrister Brooke Lyne of Landmark Chambers, who acted in the case, and Georgina Redsell, senior associate at Charles Russell Speechlys LLP, who has monitored the proceedings closely.

Lyne and Redsell outline the importance of the issue, dig into the detail of the court's complicated judgment, and analyse the implications of the decision for landlords and tenants.

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