Livewest Homes Ltd v Bamber [2018] EWHC 2454 (QB) (27 September 2018)

Livewest Homes Ltd v Bamber [2018] EWHC 2454 (QB) (27 September 2018)

Section 21(1B) of the Housing Act 1988 does not require a registered provider to give 6 months' notice to terminate a fixed term tenancy during a starter period via a break clause, because such a tenancy is not 'for a term certain of not less than two years' while the break clause is operable. Upon service of the break notice, the tenancy becomes statutory periodic, to which only 2 months' notice applies under section 21(1).

Citation
[2018] EWHC 2454
Parties
Claimant and Respondent: Livewest Homes Limited (formerly known as Liverty Limited); Defendant and Appellant: Sarah Bamber
Jurisdiction
England and Wales
Judgment Date
27 September 2018
Procedural Posture
Appeal / High Court Appeal From County Court Preliminary Issue Determination
Outcome
Appeal dismissed
Legal Topics
Assured Shorthold Tenancies, Break Clauses, Section 21 Notices, Fixed Term Tenancies, Statutory Interpretation
Housing Law Landlord and Tenant Law Civil Procedure Assured Shorthold Tenancies Break Clauses Section 21 Notices Fixed Term Tenancies Statutory Interpretation

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Parties

Livewest Homes Limited (formerly known as Liverty Limited)

Claimant and Respondent

Sarah Bamber

Defendant and Appellant

Procedural Posture

Appeal / High Court Appeal From County Court Preliminary Issue Determination

Legal Issues

  1. 1 Does section 21(1B) of the Housing Act 1988 require a registered provider to give 6 months' notice to terminate a fixed term tenancy during a starter period via a break clause?
  2. 2 Does the existence of a break clause within a starter period affect whether the tenancy is 'for a term certain of not less than two years' under section 21(1A)?
  3. 3 Is a Respondent required to serve a notice to affirm to rely on alternative grounds for upholding a lower court's decision?

Ratio Decidendi

Section 21(1B) of the Housing Act 1988 does not require a registered provider to give 6 months' notice to terminate a fixed term tenancy during a starter period via a break clause, because such a tenancy is not 'for a term certain of not less than two years' while the break clause is operable. Upon service of the break notice, the tenancy becomes statutory periodic, to which only 2 months' notice applies under section 21(1).

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; declaration of lower court affirmed; costs consequences for failure to serve Respondent's notice to affirm to be borne by Respondent; public law defence to be determined separately