Livewest Homes Ltd v Bamber

Livewest Homes Ltd v Bamber

Section 21(1A) and (1B) do not apply to a notice served within the starter period under a break clause, as the tenancy ceases to be a fixed term for a term certain of not less than two years upon service of the notice, leaving only a statutory periodic tenancy to which 2 months’ notice applies.

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 / Judgment on Appeal From Plymouth County Court, Preliminary Issue
Outcome
Appeal dismissed
Legal Topics
Assured Shorthold Tenancy, Break Clause, Notice Requirements, Statutory Periodic Tenancy, Localism Act 2011, Housing Act 1988
Landlord and Tenant Housing Law Civil Procedure Assured Shorthold Tenancy Break Clause Notice Requirements Statutory Periodic Tenancy Localism Act 2011 +1 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 / Judgment on Appeal From Plymouth County Court, Preliminary Issue

Legal Issues

  1. 1 Does section 21(1A) and (1B) of the Housing Act 1988 apply to a starter period of an assured shorthold fixed term tenancy?
  2. 2 Is a registered provider required to give 6 months’ notice under section 21(1B) when exercising a break clause during the starter period?
  3. 3 Does service of notice under a break clause within the starter period create a statutory periodic tenancy, thus affecting notice requirements?

Ratio Decidendi

Section 21(1A) and (1B) do not apply to a notice served within the starter period under a break clause, as the tenancy ceases to be a fixed term for a term certain of not less than two years upon service of the notice, leaving only a statutory periodic tenancy to which 2 months’ notice applies.

Court Disposition

Appeal dismissed

Orders

  • Livewest not required to give 6 months’ notice under section 21(1B) to determine Ms Bamber’s tenancy during the starter period
  • Costs consequences of failure to serve Respondent’s Notice to affirm to be borne by Livewest