Landlord Alert: Section 21 appeal may have far-reaching consequences 

A case being considered by the Court of Appeal could have far reaching consequences for private landlords, it’s being claimed. 

In the case of D’Aubigny v Khan the Court of Appeal will rule on whether it’s acceptable for vital documentation to be served by post.

An initial hearing saw the tenant argue that a section 21 notice served on them was invalid because so-called prescribed information – including gas safety certificate, How to Rent guide, deposit information and EPC – could not be served by post.

The National Association of Residential Landlords has studied the case and its head of policy – James Wood – says on its website that D’Aubigny was a tenant of the Khan’s under an assured shorthold tenancy when the s21 was served.

The tenant argued that the tenancy agreement did not contain a clause stating that these documents could be served by post.

She also argued that Section 7 of the Interpretation Act 1978, which covers service of documents by post, did not apply because the relavent legislation does not specifically state that these forms may be served by post. 

The landlords argued that they had served the documents by recorded delivery and there was a clause in the agreement stating that notices sent by post to the property would be deemed served on the tenant.  They also argued that Section 7 of the Interpretation Act 1978 allowed the serving of documents by post.

In the initial decision, and the first appeal, the judges agreed with the landlord. However, the Court of Appeal has now granted permission for a second appeal. 

Woods says on the NRLA website: “If the Court of Appeal finds in favour of the tenant, there could be significant implications for landlords.

“Such a ruling could mean that many of the time sensitive documents landlords have served would be invalidated.   

“… Similarly, if the Court of Appeal takes the view that legislation must specify when posting a document is sufficient or service, then many of the documents required to be served under a tenancy could not be served by post.

“This could include things such as section 21 or section 8 notices. There could also be a knock-on effect for proposed legislation such as the mandatory written tenancy agreements outlined in the Renters Reform Bill.”

Woods says the association intends to intervene in the case.

A more detailed history of the case and more depth to the appeal’s possible consequences for landlords can be seen here https://www.nrla.org.uk/news/section-21-appeal-major-implications-landlords