Khan & Anor v D'Aubigny [2025] EWCA Civ 11 (17 January 2025)

Khan & Anor v D'Aubigny [2025] EWCA Civ 11 (17 January 2025)

Section 7 Interpretation Act 1978 does not apply to statutory requirements to 'give' documents unless the statute expressly refers to service by post. However, clause 13.2 of the tenancy agreement deems documents sent by first class post to the tenant's address as properly served, and the letter enclosing the EPC, GSR, and 'How to Rent' constitutes a notice for this purpose. Therefore, the statutory requirements were satisfied by deemed service under the tenancy agreement.

Citation
[2025] EWCA Civ 11
Parties
Claimant and Respondent: Kameel Khan; Claimant and Respondent: Julia Randell-Khan; Defendant and Appellant: Elena D'Aubigny; Intervener: National Residential Landlords Association
Jurisdiction
England and Wales
Judgment Date
17 January 2025
Procedural Posture
Civil Appeal / Second Appeal From County Court, Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Service of Documents, Interpretation Act 1978, Housing Act 1988, Assured Shorthold Tenancy, Possession Proceedings
Landlord and Tenant Contract Statutory Interpretation Service of Documents Interpretation Act 1978 Housing Act 1988 Assured Shorthold Tenancy Possession Proceedings

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Parties

Kameel Khan

Claimant and Respondent

Julia Randell-Khan

Claimant and Respondent

Elena D'Aubigny

Defendant and Appellant

National Residential Landlords Association

Intervener

Procedural Posture

Civil Appeal / Second Appeal From County Court, Court of Appeal Judgment

Legal Issues

  1. 1 Does s. 7 Interpretation Act 1978 apply to statutory requirements to 'give' documents where no express reference to service by post exists?
  2. 2 Are EPC, GSR, and 'How to Rent' documents 'notices' for purposes of clause 13.2 of the tenancy agreement?

Ratio Decidendi

Section 7 Interpretation Act 1978 does not apply to statutory requirements to 'give' documents unless the statute expressly refers to service by post. However, clause 13.2 of the tenancy agreement deems documents sent by first class post to the tenant's address as properly served, and the letter enclosing the EPC, GSR, and 'How to Rent' constitutes a notice for this purpose. Therefore, the statutory requirements were satisfied by deemed service under the tenancy agreement.

Court Disposition

Appeal dismissed

Orders

  • Possession order against Mrs D'Aubigny upheld
  • Statutory requirements deemed satisfied by clause 13.2 of tenancy agreement