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Government confirms it will not address the Monty Shooltz ruling

Government confirms it will not address the Monty Shooltz ruling

The Ministry of Housing, Communities and Local Government (MHCLG) will not act to help the thousands of landlords who may have inadvertently granted assured tenancies instead of the assured shorthold tenancies they meant to.


The Ministry has confirmed to the National Landlords Association (NLA) that it does not intend to legislate to address the ruling in Caridon Property Ltd v Monty Shooltz.


The judge in this case ruled that the requirements of the Deregulation Act 2015 mean failure to issue a gas safety certificate before a tenancy begins invalidates any subsequent Section 21 notice for repossession. According to the ruling, which applies a strict interpretation to the wording of the original Gas Safety Regulations, issuing a gas safety certificate after the tenancy has begun would not be sufficient for the landlord to meet the requirements of the Act, which applies in England only.


The Ministry of Housing, Communities and Local Government (MHCLG) will not act to help the thousands of landlords who may have inadvertently granted assured tenancies instead of the assured shorthold tenancies they meant to.


The Ministry has confirmed to the National Landlords Association (NLA) that it does not intend to legislate to address the ruling in Caridon Property Ltd v Monty Shooltz.


The judge in this case ruled that the requirements of the Deregulation Act 2015 mean failure to issue a gas safety certificate before a tenancy begins invalidates any subsequent Section 21 notice for repossession. According to the ruling, which applies a strict interpretation to the wording of the original Gas Safety Regulations, issuing a gas safety certificate after the tenancy has begun would not be sufficient for the landlord to meet the requirements of the Act, which applies in England only.


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