Cited from JMW Solicitors – article by David Smith.

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:

  1. What is the correct way for a deposit prescribed information certificate to be signed by a landlord who is a company?
  2. 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.

To read the full article by David Smith at JMW Solicitors, please click here: Read more

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