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) does not require 6 months' notice where a registered provider terminates a fixed term assured shorthold tenancy during the starter period via a break clause, as the tenancy is not, at that point, a fixed term for a term certain of not less than two years; upon service of the break notice, the tenancy becomes a statutory periodic tenancy, and only 2 months' notice is required under section 21(1).

Citation
[2018] EWHC 2454 (QB)
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 Tenancy, Break Clause, Section 21 Notice, Starter Period, Statutory Periodic Tenancy, Notice Requirements, Localism Act 2011, Housing Act 1988
Housing Law Landlord and Tenant Law Civil Procedure Assured Shorthold Tenancy Break Clause Section 21 Notice Starter Period Statutory Periodic Tenancy +3 more

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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 assured shorthold tenancy during the starter period via a break clause?
  2. 2 Does the existence and exercise of a break clause within a starter period affect the application of section 21(1A) and (1B)?
  3. 3 Is a tenancy with a break clause during a starter period a 'fixed term tenancy for a term certain of not less than two years' for the purposes of section 21(1A)?

Ratio Decidendi

Section 21(1B) does not require 6 months' notice where a registered provider terminates a fixed term assured shorthold tenancy during the starter period via a break clause, as the tenancy is not, at that point, a fixed term for a term certain of not less than two years; upon service of the break notice, the tenancy becomes a statutory periodic tenancy, and only 2 months' notice is required under section 21(1).

Court Disposition

Appeal dismissed

Orders

  • Permission granted to serve Respondent's Notice to affirm out of time; costs consequences to be borne by Respondent
  • Public law defence issues to be determined at a later stage