Curry Popeck

Landlord wins appeal over repossession of her property

A landlord has won her appeal that she was not affected by recent changes in the law and so her notice to repossess her property was valid.

The case involved a landlord who rented out her house in 2007 on an oral monthly tenancy. She sought repossession in 2016 but the tenants objected, claiming that she had not complied with changes brought about by the Deregulation Act 2015.

Among other things, the Act amended previous legislation so that a landlord had to obtain a gas-safety certificate and an energy-performance certificate before serving a notice for repossession.

Landlords were also obliged to provide information about the rights and responsibilities of the landlord and tenant under an assured shorthold tenancy.

The deputy district judge held that the landlord in this case was subject to the changes brought about by the 2015 Act and so the possession notice was invalid.

The County Court has overturned that decision. It held that the periodic tenancy had been granted in 2007. The tenancy ran from that time and was not re-granted each month.

As the tenancy ran from 2007, it was not subject to the changes introduced in 2015 and so the possession notice was valid.

For more information about this article or any aspect of property litigation, please call Jeremy Garson on 020 8907 2000 or click here to email him and he will be delighted to help you (there is no charge for an initial telephone discussion).

Case featured:
Landlord wins appeal over repossession of her property
CC (Central London) (Judge Hand QC) 15/11/2017