New Case Law on Service of Gas Safety Certificates, EPC and How to Rent Guide
The valid service of the accompanying documents - Gas Safety Certificates, EPC and How to Rent guide as per the Deregulation Act 2015, for the purpose of serving a valid Section 21 notice was considered in the case of D’Aubigny v Khan & Anor.
Background
Ms D’Aubigny was the tenant under an assured shorthold tenancy (AST).
The landlords (The Khans) served a Section 21 notice.
The tenant challenged the validity of the Section 21 notice, claiming that she had not received the accompanying documents.
The landlords had served all documents by post to the tenant.
Issue
The tenant argued that not only had she not received the prescribed documents, but there was also no clause in the tenancy agreement which permits service of notices and documents by post.
The landlords argued that the tenancy agreement included a clause which allowed service of the prescribed documents by post but in any event Section 7 of the Interpretation Act 1978 (“the Act”) applied, which permits service by post.
Key Documents - The Notices
Formal notices form a fundamental part of the lettings process, and ensuring that the prescribed documents and relevant legislation are properly complied with, is of paramount importance.
Before serving notices, ensuring the notice is properly served is key. Under PART 6 of the Civil Procedure Rules (CPRs) the process of serving documents must be carefully adhered to and so it is important to check the methods of service cited in the tenancy agreement as well as complying with the relevant time frames. For example, does the tenancy agreement allow for notice to be served by email and if so, when would that notice be deemed served?
There are key notices which play an integral part in the lettings process.
Urgent Information regarding Suspensions on Housing Evictions and Service of Notice
After today’s announcement at 3:46pm, the Housing Secretary Robert Jenrick announced that the Government will be extending the suspension (stay) on eviction proceedings for a further four weeks. It was anticipated that on the 24th August 2020, courts would resume possession proceedings, with the focus being on the pre-existing pre-lockdown claims for possessions and evictions that had been halted as a result of the pandemic.
On 20th September when the courts resume hearings relating to repossession, consideration and priority will be given to the most challenging of cases, prioritising those that involve anti-social behaviour, situations involving criminal activity and of course, rent arrears that have been accrued by the tenant for a significant period of time and have had an impact of the landlords financial situation.
With such an unprecedented situation that has impacted the whole country, this will mean that no tenants have been evicted since the 22nd March 2020. It is important to note that the suspension on housing repossessions also applies to mortgage lenders.
It is important to bear in mind that on the Friday 17th July as a result of the Coronavirus Act 2020, it was announced that the Civil Procedure Rules relating to possession claims would be changed and that the protocols relating to existing claims for possession requiring claimants (landlords) who intended to resume claims to “inform the court and defendant in writing via a “Reactivation Notice”. As a result of today’s announcement, it is crucial that landlords seek additional legal advice if in fact they have already advised the court and tenants of their intentions to move forward with possession claims and evictions.
Anticipating the next stage of the Possession Claims has been Difficult
Last week, on the Friday 17th July as a result of the Coronavirus Act 2020, it was announced that the Civil Procedure Rules relating to possession claims would be changed, however, it was only this week that those changes were announced.
The Impact of CoronavirusAfter 5 months of housing possession being suspended, the courts will re-open to hear possession claims on the 23rd August 2020, and as a result, the New Practice Direction (PD) will apply for an “interim period” from 23 August 2020 until 28 March 2021. For private landlords must now attend any court hearing with two copies of a notice which sets out exactly what they know about the effect of the coronavirus on the tenant. This notice must be sent to the tenant before the hearing. This protocol also applies to Accelerated Possession Proceedings, which means that a similar notice MUST be included. PLEASE NOTE THE N5B WILL NOT BE AMENDED TO DEAL WITH THIS CHANGE NOR WILL CLAIMANTS BE REMINDED.
Existing ClaimsThe PD 55C will separate claims into TWO groups :-
Group 1 - Claims that were issued before 3 August 2020
Group 2 - Claims issued on or after 3 August 2020.