9:57 AM, 27th January 2022, About 2 years ago 6
The Court of Appeal in the case of NORTHWOOD (SOLIHULL) LIMITED and VICKY COOKE has found in favour of the Landlord and Agent: Click here to read the full judgement.
The Solihull branch of agency chain Northwood tried to evict a couple who stopped paying their rent in 2019 using section 8.
The tenants Mr Fearn and Ms Cooke argued the section 8 was invalid because under section 44 of the Companies Act 2006 the eviction notice and the deposit certificate had not been signed by two authorised signatories or by a company director in the presence of a witness.
The High Court judges ruled this was not required for eviction notices and means that a single authorised employee of a landlord or letting agent can sign a section 8 notice or section 21 notice or a tenancy deposit certificate without invalidating an eviction on a technicality.
David Smith of JMW Solicitors, who represented the landlord, said: “This case continues the clear line from the Court of Appeal that technical defences to section 8 and 21 notices are not likely to work”
Legal Associate Director of Hamilton Fraser, which is the company of Mydeposits, Tim Frome, said: “This decision will come as a relief to millions of landlords and their letting agents, and I am pleased that the Lord Justices have taken a common-sense approach to the signing of deposit protection prescribed information and possession notices.
“Having written the Mydeposits scheme rules back in 2006 and studied the legislation in great detail it was never the intention of parliament for the deposit protection legislation to create technical reasons to penalise landlords. It is a practical impossibility for larger corporate landlords or agents to comply with Companies Act signing requirements on prescribed information.”
“Having an authorised person doing it on their behalf means that deposit protection can be administered simply and quickly meaning that tenants can then benefit from the knowledge their deposit is protected and using the scheme’s alternative dispute resolution service if required at the end of the tenancy.
“Mydeposits has now dealt with over 100,000 tenancy deposit disputes since being set up meaning tenants get their money back when they are entitled to it and keeping those disputes out of the courts.”
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