The government has been heavily criticised for not coming to the assistance of thousands of landlords who have mistakenly granted tenants assured tenancies rather than assured shorthold tenancies.
The MHCLG Department (Ministry of Housing Communities and Local
Government) has confirmed in writing to an industry association that is has no
intentions whatsoever of introducing new legislation, this is in wake of the
ruling passed in the court case, Caridon Property Ltd v Monty Shooltz.
The judge passed the ruling for the case that according to
requirements of the Deregulation Act 2015 by failing to issue a gas
safety certificate before the start of a tenancy invalidated the later Section
21 notice issued by the landlord to repossess his property.
The ruling applied a ‘word for word’ interpretation of the original Gas
SafetyRegulations that by issuing a gas safety certificate after the
tenancy has started is viewed as being non compliant.
The MHCLG has said it is not prepared to change the law but will however update
the guidance made available to landlords on its website to further clarify
their precise legal responsibilities.
