Court of Appeal Clarifies Formalities for Signing of s.8 Notices and Prescribed Information
Written by David Smith - Partner JMW Solicitors
Court of Appeal clarifies formalities for signing of s.8 notices and prescribed information certificates for corporate landlords
The Court of Appeal (the “CoA”) heard the second appeal of Northwood Solihull v Fearn & Ors last week. The outcome of this case has serious implications for landlords, tenants and agents in England and Wales and possibly in recognition of this, judgment was handed down today only 8 days after the hearing. JMW acted for the landlord.
The main questions before the CoA in summary were:
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What is the correct way for a deposit prescribed information certificate to be signed by a landlord who is a company?
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What is the correct way for a section 8 notice to be signed by a landlord who is a company?
The CoA also considered what the consequences are where these documents are not signed in compliance with the relevant statutory provisions.
In summary, the following cheat sheet contains the practical essence of the CoA’s decision:
i. Possession notices and prescribed information certificates may be validly signed by an authorised individual on behalf of a corporate landlord or agent.
ii. These documents may also be signed in accordance with s.44 of the Companies Act 2006.
iii. Non-compliance with i. & ii. or other relevant statutory requirements does not necessarily invalidate the document and the effect of non-compliance will depend on the specific defect and factual context.
Post-Pandemic Change
Scenes from almost 2 years ago as the pandemic began to unravel will forever be etched in our minds, and the disruptions, not only to our personal lives but also our professional lives, have not quite bounced back to normal.
Today and info February 2022, the Government have reverted back to Plan A.
In 2022, many property professionals expect a lot of change around the way in which we work and as a result we will witness a transformative change with a fundamental shift in business. As the government in England and the devolved countries announce that the measures put in place as a result of will be lifted, changes that were implemented in the work place will evolve once again
"Tsedal Neeley, Harvard Business School’s Naylor Fitzhugh Professor of Business Administration, said the lockdown highlighted the ease with which modern technology handled the shift from one location to another, as well as the ability of many office workers to get the job done even when not under their manager’s eye. It also showed companies that there may be benefits — like saving money on office space."
The housing industry re-opened in May 2020 and made sure that adapting to the Pandemic, restrictions, covid-protocols and implementing drastic change was dealt with efficiently and effectively. Now we are going to focus on the reverse with some tweaks (understatement) as the shift from pandemic to endemic takes place.
Wales - Renting Homes Law Change announced
Legislation relating to Renting Homes in Wales which was first passed in 2016, was implemented to increase protection for tenants
It has been announced that the Renting Homes (Wales) Act will be implemented from 15 July 2022.
There will be two new “occupation” contracts that are to replace the existing tenancy and licence agreements. These are:
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a secure contract: the default contract issued by ‘community landlords’ (local authorities and registered social landlords); and;
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a standard contract: the default contract for use by private landlords (all landlords other than community landlords)
Landlords will also be required to issue a written statement of the occupation contract to the contract-holder which will include all the relevant contractual terms:
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fundamental terms cover the most important aspects of the contract, including the possession procedures and landlord’s obligations regarding repairs.
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supplementary terms deal with the day-to-day matters applying to the occupation contract such as the requirement to pay rent on time or maintain a garden.
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additional terms address specifically agreed matters
Levelling Up White Paper delayed
This article for appeared in the Times
Boris Johnson faces another wait to unveil his levelling up white paper as Downing Street prepares for the start of this year to be dominated again by coronavirus.
The government had hoped that the document of more than 100 pages, marking the first attempt to flesh out the prime minister’s slogan, would be its first major intervention of the year.
The paper, being written by Michael Gove, the secretary for housing, communities and levelling up, is now more likely to be published later this month.
Johnson promised last May that it would be published by the end of the year. It emerged in December, however, that the white paper had slipped back to this year.
Gove, now in his sixth cabinet position since becoming education secretary in 2010, was handed the task of taking charge of the prime minister’s key domestic drive in the reshuffle last September. He was given the renamed and expanded role of levelling up secretary.