Livewest Homes Limited (Formerly Known As Laverty Limited) v Sarah Bamber [2019] EWCA Civ 1174 (10 July 2019)

Livewest Homes Limited (Formerly Known As Laverty Limited) v Sarah Bamber [2019] EWCA Civ 1174 (10 July 2019)

Section 21(1B) of the Housing Act 1988 does not require a private registered provider of social housing to give six months' notice where a fixed term assured shorthold tenancy is terminated early by a break clause; the six months' notice requirement applies only where the fixed term expires by effluxion of time. A fixed term tenancy with a break clause is nonetheless a tenancy for a term certain.

Citation
[2019] EWCA Civ 1174
Parties
Claimant/respondent: Livewest Homes Limited (formerly known as Laverty Limited); Defendant/appellant: Sarah Bamber
Jurisdiction
England and Wales
Judgment Date
10 July 2019
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Assured Shorthold Tenancies, Break Clauses, Section 21 Notices, Statutory Interpretation, Fixed Term Tenancies, Social Housing, Notice Requirements
Landlord and Tenant Housing Law Civil Procedure Assured Shorthold Tenancies Break Clauses Section 21 Notices Statutory Interpretation Fixed Term Tenancies +2 more

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Parties

Livewest Homes Limited (formerly known as Laverty Limited)

Claimant/respondent

Sarah Bamber

Defendant/appellant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Does section 21(1B) of the Housing Act 1988 require a private registered provider of social housing to give six months' notice before seeking possession under a break clause during a fixed term assured shorthold tenancy of not less than two years?
  2. 2 Does a fixed term tenancy with a break clause constitute a 'term certain' for the purposes of section 21(1A) Housing Act 1988?

Ratio Decidendi

Section 21(1B) of the Housing Act 1988 does not require a private registered provider of social housing to give six months' notice where a fixed term assured shorthold tenancy is terminated early by a break clause; the six months' notice requirement applies only where the fixed term expires by effluxion of time. A fixed term tenancy with a break clause is nonetheless a tenancy for a term certain.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; possession order stands