Northwood Solihull Ltd v Fearn

Subject Matter

LANDLORD AND TENANT — Assured shorthold tenancy — Order for possession — Corporate landlord letting property to tenants — Landlord providing tenants with certificate confirming accuracy of information provided regarding deposit — Certificate signed by one of landlord’s directors — Landlord subsequently serving tenants with notice of possession — Notice signed by landlord’s property manager — Whether confirmatory certificate and notice required to be executed by company in accordance with statutory requirements — Whether certificate and notice valid — Housing Act 1988 (c 50), s 8 — Housing Act 2004 (c 34), s 213(5)(6) — Companies Act 2006 (c 46), s 44 — Housing (Tenancy Deposits) (Prescribed Information) Order 2007 (SI 2007/797), art 2(1)(g)(vii) — Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment No 2) Regulations 2016 (SI 2016/1118), Sch, Form No 3

[2020] EWHC 3538 (QB); [2021] 1 WLR 1937; [2021] WLR(D) 6, QBD

LANDLORD AND TENANT — Assured shorthold tenancy — Order for possession — Corporate landlord letting property to tenants — Landlord providing tenants with certificate confirming accuracy of information provided regarding deposit — Certificate signed by one of landlord’s directors — Landlord subsequently serving tenants with notice of possession — Notice signed by landlord’s property manager — Whether confirmatory certificate and notice required to be executed by company in accordance with statutory requirements — Whether certificate and notice valid — Housing Act 1988 (c 50), s 8 — Housing Act 2004 (c 34), s 213(5) — Companies Act 2006 (c 46), s 44 — Housing (Tenancy Deposits) (Prescribed Information) Order 2007 (SI 2007/797), art 2(1)(g)(vii), 2(3)(a)

[2022] EWCA Civ 40; [2022] 1 WLR 1661; [2022] 4 All ER 399; [2022] WLR(D) 45, CA

Appellate History