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.