Kameel Khan & Anor v Elena D'Aubigny

Kameel Khan & Anor v Elena D'Aubigny

Section 7 of the Interpretation Act 1978 does not apply to statutory requirements to 'give' documents unless service by post is expressly authorised or required. However, the tenancy agreement's clause 13.2 deems service of the documents by post as properly effected, and the documents in question qualify as 'notices' under the agreement. Therefore, service was valid and the possession order stands.

Parties
Claimant/respondent: Kameel Khan; Claimant/respondent: Julia Randell-Khan; Defendant/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 at Wandsworth to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Service of Statutory Documents, Interpretation Act 1978 Section 7, Assured Shorthold Tenancy, Possession Proceedings, Deeming Provisions in Contracts
Landlord and Tenant Law Contract Law Statutory Interpretation Service of Statutory Documents Interpretation Act 1978 Section 7 Assured Shorthold Tenancy Possession Proceedings Deeming Provisions in Contracts

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Parties

Kameel Khan

Claimant/respondent

Julia Randell-Khan

Claimant/respondent

Elena D’Aubigny

Defendant/appellant

National Residential Landlords Association

Intervener

Procedural Posture

Civil Appeal / Second Appeal From County Court at Wandsworth to Court of Appeal

Legal Issues

  1. 1 Does section 7 of the Interpretation Act 1978 apply to statutory requirements to 'give' documents where service by post is not expressly authorised?
  2. 2 Are EPC, GSR, and 'How to Rent' documents 'notices' for the purposes of clause 13.2 of the tenancy agreement?
  3. 3 Was service of the documents properly effected under the tenancy agreement's deeming provisions?

Ratio Decidendi

Section 7 of the Interpretation Act 1978 does not apply to statutory requirements to 'give' documents unless service by post is expressly authorised or required. However, the tenancy agreement's clause 13.2 deems service of the documents by post as properly effected, and the documents in question qualify as 'notices' under the agreement. Therefore, service was valid and the possession order stands.

Court Disposition

Appeal dismissed

Orders

  • Possession order against Mrs D’Aubigny stands
  • No relief granted to the appellant