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Appeal court rules in favour of landlords in S21 case
ALEP celebrates 13th year of operation T he Association of Leasehold Enfranchisement Practitioners (ALEP) is celebrating after reaching its 13th year of operation. ALEP was founded by Anna Bailey and her brother, the late Alex Greenslade, in 2007. It is the professional body for practitioners experienced in the residential leasehold sector. The organisation was launched to ensure that practitioners involved in this sector adhere to an agreed level of conduct and service Anna said: “I am very proud of how far ALEP has come since my brother, Alex Greenslade, and I launched it in 2007. It is now an award-winning association with more than 260 members – four of which have joined during lockdown. It’s a fantastic achievement by my ALEP colleagues and all our members over the years who have contributed to its growth. “Moreover, how we’ve adapted and developed over the last few challenging months is true testament to the ALEP team and indeed our members.”
T enants can be evicted via section 21 notices even where gas safety certificates were not provided at the start of the tenancy agreement, the Court of Appeal has ruled. The court overturned a previous ruling that a landlord’s section 21 order was invalid if it had failed to provide a gas safety certificate before the tenant moved into their property. In the case of Trecarrell House Limited v Rouncefield, the court ruled there is no time limit for serving existing tenants with a certificate. It also ruled that as long as one is provided to the tenant prior to a section 21 notice, the notice will G overnment proposals to allow additional floors to be built on blocks of flats without planning permission have been given a cautious welcome. Housing secretary Robert Jenrick announced earlier this year that property owners would be allow to add up to two storeys to blocks from this summer. Building upwards currently requires planning consent, which includes checks on howwell designs fit with nearby homes. Critics fear the move could result in a new generation of sub-standard homes and could raise tensions
be valid. Defendant Patricia Rouncefield was given a tenancy by Trecarrell House in February 2017 but did not receive a relevant gas safety certificate until November 2017. She later received a section 21 notice on 1 May 2018 and appealed this arguing that by failing to provide a GSR before she moved in, the landlord could not issue the notice. A deputy district judge initially dismissed this defence and granted the possession order before Ms Rouncefield appealed and another judge ruled in her favour. The Court of Appeal then granted Trecarrell House permission to appeal. Following the hearing, a majority ruled in favour of the landlord.
Liam Hale, an associate at the property law firmWinckworth Sherwood, said the ruling would be a relief to landlords. He added: “This decision is an important victory for landlords and demonstrates a common-sense approach by the Court of Appeal. The courts had previously held that if a landlord failed to provide a gas safety certificate before the tenant took up occupation of the property a section 21 notice could never be served, meaning a tenant effectively had the right to remain in a property for as long as they wished provided there were no other breaches.” Court ruling ignites hope for landlords – See Page 35
Cautious welcome to extend flats without planning consent
rights could have a positive impact in transforming the skyline of residential areas while meeting the current unprecedented demand for housing. But he added: “While the intention of the scheme is to provide more housing, there are some concerns that the control of the quality of stock might be affected, and there are many questions it raises for existing lease holders. “If this new scheme is done properly, without any substandard construction and taking existing leaseholders and communities’ views into consideration, it could be a win-win.”
between neighbours Directors at residential estate management company Principle Estate Management have cautiously welcomed the decision. Joe Jobson, a director of Birmingham-based Principle, said estimates showed that up to 345,000 new homes each year are needed in England. He explained: “We are cautiously enthusiastic about these changes as another method of helping to solve the housing crisis, certainly on brownfield as opposed to greenfield sites.” Mr Jobson said that the new
ARMA backs report on fire-risk buildings
A damning report revealing that Grenfell has been welcomed by a leading industry body. The Association of Residential Managing Agents (ARMA) applauded the findings of the Housing, Communities and Local Government Committee Report, entitled Cladding: 2,000 buildings are still covered in dangerous cladding three years after
said: “It is vital that adequate funds are provided so that all buildings deemed a high fire risk, regardless of height or material, are remediated as quickly as possible, with arguments about who is at fault and who should pay being addressed separately. The report outlined a number of interesting ways in which this could be achieved but getting people safe must be the first priority.”
Progress of Remediation. ARMA responded after the report highlighted the scale of the problem, where thousands of people still live in blocks with unsafe cladding. It also pointed to the unfairness facing leaseholders who are being asked to pay for cladding-related costs, such as fire alarms and waking watches is made clear for all to see. Dr Nigel Glen, ARMA’s chief executive,
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