The tenants – Mr Fearn and Ms Cooke – argued during an earlier County Court hearing that their eviction notice had not been signed by two authorised signatories or by a company director in the presence of a witness. The couple contended this breached section 44 of the Companies Act 2006.
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The Court of Appeal decision in a landmark case regarding eviction and tenancy deposit certificates is to be announced today.The Northwood Solihull v Fearn & Ors case has come about as a result of the Solihull branch of lettings agency Northwood using a Section 8 notice to evict a couple who had stopped paying rent in 2019.
High Court judges ruled that this law did not apply to eviction notices, but they did uphold the couple’s claim that it applied to a confirmatory certificate for a rental deposit.Northwood’s legal representative has argued that even having a second signature would have done nothing to improve the tenants’ position.
Agents’ Alert: Decision Day for key eviction court ruling
However, today’s judgement will determine whether without two signatures, a Section 8 notices will be declared defective.
If this is the finding of the Court of Appeal today, it is thought by some property legal experts that this could trigger claims against agents.
Original Source: Letting Agent Today.
Original Author: Graham Norwood.
Agents’ Alert: Decision Day for key eviction court ru… (lettingagenttoday.co.uk)
