Northwood Solihull Ltd v Fearn & Ors

Northwood Solihull Ltd v Fearn & Ors

Section 44 Companies Act 2006 does not apply to Section 8 Notices under Housing Act 1988 where the prescribed form allows signature by an agent; however, it does apply to confirmatory certificates under the Housing (Tenancy Deposits) (Prescribed Information) Order 2007, which require signature 'by' the landlord. Substantial compliance does not cure defects in signature requirements for confirmatory certificates.

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 / Judgment on Appeal From County Court
Outcome
Appeal dismissed; cross-appeal dismissed.
Legal Topics
Execution of Documents by Companies, Statutory Notices, Tenancy Deposit Protection, Substantial Compliance, Possession Proceedings
Landlord and Tenant Company Law Civil Procedure Execution of Documents by Companies Statutory Notices Tenancy Deposit Protection Substantial Compliance Possession Proceedings

Case Brief

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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 / Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether section 44 Companies Act 2006 applies to statutory notices served by corporate landlords under section 8 Housing Act 1988
  2. 2 Whether confirmatory certificates under Housing (Tenancy Deposits) (Prescribed Information) Order 2007 must be executed in accordance with section 44 Companies Act 2006
  3. 3 Whether substantial compliance applies to confirmatory certificate signature requirements

Ratio Decidendi

Section 44 Companies Act 2006 does not apply to Section 8 Notices under Housing Act 1988 where the prescribed form allows signature by an agent; however, it does apply to confirmatory certificates under the Housing (Tenancy Deposits) (Prescribed Information) Order 2007, which require signature 'by' the landlord. Substantial compliance does not cure defects in signature requirements for confirmatory certificates.

Court Disposition

Appeal dismissed; cross-appeal dismissed.

Orders

  • Section 8 Notice held valid; possession order stands.
  • Confirmatory certificate held invalid; statutory penalty against landlord upheld.