Invalid Notice

July 8th, 2020 by James Goudie KC

An assured tenancy cannot generally be brought to an end except through a Court Order that is subject to the landlord having served a Notice in accordance with Section 8 of the Housing Act 1988. It is held in Jarvis v Evans (2020) EWCA Civ 854 that a Section 8 Notice in breach of the Housing (Wales) Act 2014 is invalid. The Court of Appeal observes that if notices served in breach of the 2014 Act licensing regime were nonetheless effective tenants would be reliant on local authorities for enforcement of that regime, whereas local authorities have many demands on limited resources. The legislative intent was that tenants should not be left dependent on local authorities : paras 42(iv) and 45/46.

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