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)

Section 44 of the Companies Act 2006 does not apply to section 8 notices under the Housing Act 1988, as the prescribed form allows signature by an agent. However, a confirmatory certificate under the Housing (Tenancy Deposits) (Prescribed Information) Order 2007 must be executed by the company in accordance with section 44, as it requires signature 'by' the landlord. Substantial compliance does not apply to the signature requirement for the confirmatory certificate.

Citation
[2020] EWHC 3538 (QB)
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
Civil Appeal / High Court Appeal From County Court Judgment
Outcome
Appeal dismissed; cross-appeal dismissed
Legal Topics
Execution of Documents by Companies, Section 8 Housing Act 1988, Tenancy Deposit Protection, Prescribed Information Requirements, Substantial Compliance With Statutory Forms
Landlord and Tenant Company Law Civil Procedure Execution of Documents by Companies Section 8 Housing Act 1988 Tenancy Deposit Protection Prescribed Information Requirements Substantial Compliance With Statutory Forms

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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

Civil Appeal / High Court Appeal From County Court Judgment

Legal Issues

  1. 1 Does section 44 of the Companies Act 2006 apply to a section 8 notice served by a corporate landlord?
  2. 2 Does a confirmatory certificate under the Housing (Tenancy Deposits) (Prescribed Information) Order 2007 require execution in accordance with section 44 of the Companies Act 2006?
  3. 3 Can substantial compliance save a defective confirmatory certificate?

Ratio Decidendi

Section 44 of the Companies Act 2006 does not apply to section 8 notices under the Housing Act 1988, as the prescribed form allows signature by an agent. However, a confirmatory certificate under the Housing (Tenancy Deposits) (Prescribed Information) Order 2007 must be executed by the company in accordance with section 44, as it requires signature 'by' the landlord. Substantial compliance does not apply to the signature requirement for the confirmatory certificate.

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