Clickex Ltd v McCann [1999] EWCA Civ 1416 (14 May 1999)

Clickex Ltd v McCann [1999] EWCA Civ 1416 (14 May 1999)

A Section 20 notice with dates that conflict with the tenancy agreement and are not obviously erroneous is invalid; the error was not evident, and the documents left a reasonable recipient in real doubt as to the term of the tenancy, so the statutory requirements for creating an assured shorthold tenancy were not met.

Citation
[1999] EWCA Civ 1416
Parties
Claimant/respondent: Clickex Limited; Defendant/appellant: Jonathan McCann
Jurisdiction
England and Wales
Judgment Date
14 May 1999
Procedural Posture
Civil Appeal / Appeal From County Court Decision
Outcome
Appeal allowed
Legal Topics
Assured Shorthold Tenancy, Section 20 Notice, Validity of Notices, Possession Proceedings
Landlord and Tenant Housing Law Civil Procedure Assured Shorthold Tenancy Section 20 Notice Validity of Notices Possession Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Clickex Limited

Claimant/respondent

Jonathan McCann

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Decision

Legal Issues

  1. 1 Whether the Section 20 notice served was valid and effective for the purposes of creating an assured shorthold tenancy under the Housing Act 1988 given the discrepancy in dates between the notice and the tenancy agreement.
  2. 2 Whether the appeal was academic given the dismissal of the possession claim.

Ratio Decidendi

A Section 20 notice with dates that conflict with the tenancy agreement and are not obviously erroneous is invalid; the error was not evident, and the documents left a reasonable recipient in real doubt as to the term of the tenancy, so the statutory requirements for creating an assured shorthold tenancy were not met.

Court Disposition

Appeal allowed

Orders

  • It is determined that the notice of an assured shorthold tenancy to Jonathan McCann, dated 20 December 1995, is not a valid or effective notice in respect of the tenancy created by the tenancy agreement dated 21 December 1995 for the purposes of section 20(1)(c) and (2) of the Housing Act 1988.
  • Appellant awarded costs, subject to legal aid taxation.