Birmingham City Council v Bravington [2023] EWCA Civ 308 (22 March 2023)

Birmingham City Council v Bravington [2023] EWCA Civ 308 (22 March 2023)

Section 233 of the Local Government Act 1972 applies to the service of a notice under section 83ZA of the Housing Act 1985 by a local authority, and service is valid if the notice is left at the tenant's proper address in a manner a reasonable person would adopt, regardless of whether the tenant actually receives it.

Citation
[2023] EWCA Civ 308
Parties
Claimant/appellant: Birmingham City Council; Defendant/respondent: Drew Bravington
Jurisdiction
England and Wales
Judgment Date
22 March 2023
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Service of Notices, Possession Proceedings, Statutory Interpretation, Secure Tenancies, Anti Social Behaviour
Housing Law Local Government Law Civil Procedure Service of Notices Possession Proceedings Statutory Interpretation Secure Tenancies Anti Social Behaviour

Case Brief

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Parties

Birmingham City Council

Claimant/appellant

Drew Bravington

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Does section 233 of the Local Government Act 1972 apply to service of a notice under section 83ZA of the Housing Act 1985?
  2. 2 Was the notice validly served on the tenant under the statutory requirements?
  3. 3 Is actual receipt of the notice by the tenant necessary for valid service under section 233?

Ratio Decidendi

Section 233 of the Local Government Act 1972 applies to the service of a notice under section 83ZA of the Housing Act 1985 by a local authority, and service is valid if the notice is left at the tenant's proper address in a manner a reasonable person would adopt, regardless of whether the tenant actually receives it.

Court Disposition

Appeal allowed

Orders

  • Summary judgment for the respondent set aside
  • Declaration that the notice was duly served on the respondent