Northwood Solihull Ltd v Fearn & Ors [2020] EWHC 3538 (QB) (21 December 2020)

Northwood Solihull Ltd v Fearn & Ors [2020] EWHC 3538 (QB) (21 December 2020)

A section 8 notice seeking possession by a corporate landlord does not require execution in accordance with section 44 of the Companies Act 2006 if the prescribed form allows signature by an agent; however, a confirmatory certificate under the Housing (Tenancy Deposits) (Prescribed Information) Order 2007 must be executed in accordance with section 44, as it requires signature 'by' the landlord, and substantial compliance does not suffice for the signature requirement.

Citation
[2020] EWHC 3538
Parties
Claimant/respondent: Northwood Solihull Limited; First Defendant/first Appellant: Darren Fearn; Second Defendant/second Appellant: Vicky Cooke; Third Defendant/second Respondent: Sharon Fearn
Jurisdiction
England and Wales
Judgment Date
21 December 2020
Procedural Posture
Appeal / High Court Appeal From County Court Judgment
Outcome
Appeal dismissed; cross-appeal dismissed
Legal Topics
Execution of Documents by Companies, Statutory Notices in Possession Proceedings, Tenancy Deposit Protection, Substantial Compliance With Statutory Forms
Landlord and Tenant Company Law Civil Procedure Execution of Documents by Companies Statutory Notices in Possession Proceedings Tenancy Deposit Protection Substantial Compliance With Statutory Forms

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 12 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Northwood Solihull Limited

Claimant/respondent

Darren Fearn

First Defendant/first Appellant

Vicky Cooke

Second Defendant/second Appellant

Sharon Fearn

Third Defendant/second Respondent

Procedural Posture

Appeal / High Court Appeal From County Court Judgment

Legal Issues

  1. 1 Whether a section 8 notice seeking possession by a corporate landlord must be executed in accordance with section 44 of the Companies Act 2006
  2. 2 Whether a confirmatory certificate under the Housing (Tenancy Deposits) (Prescribed Information) Order 2007 must be executed in accordance with section 44 of the Companies Act 2006
  3. 3 Whether substantial compliance with the prescribed form suffices for the confirmatory certificate

Ratio Decidendi

A section 8 notice seeking possession by a corporate landlord does not require execution in accordance with section 44 of the Companies Act 2006 if the prescribed form allows signature by an agent; however, a confirmatory certificate under the Housing (Tenancy Deposits) (Prescribed Information) Order 2007 must be executed in accordance with section 44, as it requires signature 'by' the landlord, and substantial compliance does not suffice for the signature requirement.

Court Disposition

Appeal dismissed; cross-appeal dismissed

Orders

  • Section 8 notice held valid; possession order stands
  • Confirmatory certificate held invalid; financial penalty against landlord stands