Renters (Reform) Bill clears House of Commons despite Section 21 uncertainty
2 years ago | 22 comments
This Section 21 court case appeal could impact ALL landlords
9:43 AM, 14th May 2024, 2 years ago
12
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A landmark court case could throw a spanner into how landlords handle tenant communication after the Court of Appeal agreed to hear a second appeal in the case of D’Aubigny v Khan.
The case hinges on whether crucial documents can be legally served by post.
The tenant argues they never received essential paperwork, including an EPC (Energy Performance Certificate) and a Gas Safety certificate, rendering the notice invalid.
They also say the How to Rent guide and deposit information cannot be served by post.
The crux of the issue lies in the interpretation of tenancy agreements and the 1978 Interpretation Act.
Most landlords who send documents by recorded delivery, with clauses in their tenancy agreement stating such deliveries are considered served, believe this fulfils the requirement.
However, the tenant says her clause referred only to ‘notices’ being served by post.
And landlords would have to show evidence that the documents had been received – rather than relying on proof of postage.
‘Could be significant implications for landlords’
The National Residential Landlords Association’s (NRLA) head of policy, James Wood, said: “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.”
However, the tenant argues that a specific mention of each document type being served by post is necessary.
They also question the application of the 1978 Act, as the relevant legislation doesn’t explicitly mention postal service.
The granted appeal throws the issue wide open
The court sided with the landlord initially – and in the first appeal – but the second appeal has, the NRLA says, thrown the issue wide open.
A ruling in favour of the tenant could force landlords to obtain signed receipts for crucial documents, which will have an impact on the ease of communication.
Mr Wood highlights the potential disruption to proposed legislation like the Renters (Reform) Bill, which mandates written tenancy agreements.
The NRLA says it intends to intervene in the case because it wants the continued validity of postal notices.
However, until the case is concluded, the NRLA is advising landlords to obtain signed acknowledgements from tenants for all critical documents.
Tags:
D'Aubigny v Khan Court Case, Impact of Court Decisions on Landlords, NRLA, possession claims, Postal Service in Tenancy Agreements, Section 21 Notice, Tenancy law, UK Landlord Tenant Communications, UK rentals
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Member Since June 2014 - Comments: 1564
9:26 AM, 14th May 2024, About 2 years ago
Remember this whenever someone says the courts are underfunded and overworked.
Member Since February 2023 - Comments: 39
10:30 AM, 14th May 2024, About 2 years ago
Our lawyers advise post is not enough anymore for some time on all eviction paperwork we do:
1st recorded post
1st certificate post
Email
WhatsApp
Hand delivery video
Who knows what’s correct, it’s not worth the hassle of one of these defense lines coming back at you.
Member Since July 2014 - Comments: 69
10:50 AM, 14th May 2024, About 2 years ago
Let’s face it, the politcal class has found a perfect whipping boy, the equivalent perhaps for the Tories of Blair’s hunting ban.
So farewell to property rights, and in our case in the very near future, farewell to paperwork. I daresay our carefully nutured apartments will all be debauched and turned into MHOs by the flippers and corporate buyers. Most families in the future will doubtless be those of new immigrants housed in socal housing, funded by the single ratepayers in their MHOs.
Merrie England indeed.
Member Since August 2013 - Comments: 33
11:04 AM, 14th May 2024, About 2 years ago
If this stands then notifications for speeding, parking, etc, should follow the same procedure. So the authorities have actual proof that the notification has been received! In the interests of fairness across the judicial service?
Member Since December 2019 - Comments: 2
12:11 PM, 14th May 2024, About 2 years ago
I use Openrent all docs are accepted by tenant by screen confirmation. I hope this is sufficient.
Member Since January 2016 - Comments: 473
12:24 PM, 14th May 2024, About 2 years ago
Why just documents related to landlords? If a signature from the recipient is required for those documents, why not council tax, utility bills and everything else?
Member Since May 2021 - Comments: 392
12:37 PM, 14th May 2024, About 2 years ago
Does this mean that documents signed via Docusign could have a chance of not being accepted as proof of receipt even though it has been clearly ‘accepted & signed for’ ? This could open up a multitude of loopholes. Absolutely crazy !
Member Since December 2023 - Comments: 28
5:44 PM, 14th May 2024, About 2 years ago
How can you get a SIGNED acknowledgement from a tenant who will not even open the door to you????
Member Since May 2024 - Comments: 12
10:04 PM, 14th May 2024, About 2 years ago
Reply to the comment left by Darren Peters at 14/05/2024 – 12:24
Good point! Council parking fines and Council Tax demands are deemed served with minimal evidence and are also operating under statutory laws.
Member Since December 2022 - Comments: 82
8:48 AM, 18th May 2024, About 2 years ago
After reading this report I’ve re-drafted my Notices clause. What do readers think of it?
The following provisions apply to all notices, permissions, and other documents of any description to be served by or on behalf of one party on another whether before, during or after the term:
1 ‘Served’ and ‘service’ shall include delivery and giving
2 Neither the landlord nor the tenant shall ever obstruct the letterbox at its address
3 The address for service on the landlord for all purposes including compliance with the Landlord & Tenant Act 1987 is that given in clause 1 unless and until notice of a different address is given by the landlord to the tenant in writing
4 The address for service on the tenant is the premises unless the term has ended and the tenant has provided notice of a different address to the landlord in writing in accordance with this clause
5 Where the law prescribes a method of service of any document that method must be used.
6 To prevent “payment diversion fraud” notice of a changed bank account or address must be given in physical writing, not electronically, by the party making the change to the other parties in person.
7 the rules for the giving of notices in connection with the deposit shall be those made by the custodian
8 Any other notice, permission, document or other communication upon which a party wishes to rely in any proceedings must be in writing and shall be deemed to be properly served if it is either handed in person to the recipient (who must permit the taking of a photograph to record this), posted through the letterbox at the recipient’s address, or sent by a tracked Royal Mail or Courier service who have provided evidence of delivery