Northwood (Solihull) Ltd v Fearn

Northwood (Solihull) Ltd v Fearn

A certificate under section 213 of the Housing Act 2004 and a section 8 notice under the Housing Act 1988, when issued by a landlord company, are valid if signed by an authorised individual acting on behalf of the company; strict compliance with section 44 of the Companies Act 2006 is not required unless the statute expressly mandates it. Substantial compliance with statutory requirements suffices if the statutory purpose is fulfilled and no prejudice is caused.

Parties
Respondent (claimant at 1st Instance) / Appellant (in Cross Appeal): Northwood (Solihull) Limited; Appellant (2nd Defendant at 1st Instance) / Respondent: Vicky Cooke; 1st Respondent (in 2nd Appeal): Darren Fearn; 3rd Respondent (in 2nd Appeal): Sharon Fearn
Jurisdiction
England and Wales
Judgment Date
26 January 2022
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal and Cross Appeal From Queen’s Bench Division
Outcome
Tenant’s appeal dismissed; landlord’s cross-appeal allowed.
Legal Topics
Tenancy Deposit Scheme Compliance, Authentication of Statutory Documents, Execution of Documents by Companies, Validity of Statutory Notices, Agency and Authority in Company Law
Landlord and Tenant Law Company Law Civil Procedure Tenancy Deposit Scheme Compliance Authentication of Statutory Documents Execution of Documents by Companies Validity of Statutory Notices Agency and Authority in Company Law

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Parties

Northwood (Solihull) Limited

Respondent (claimant at 1st Instance) / Appellant (in Cross Appeal)

Vicky Cooke

Appellant (2nd Defendant at 1st Instance) / Respondent

Darren Fearn

1st Respondent (in 2nd Appeal)

Sharon Fearn

3rd Respondent (in 2nd Appeal)

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal and Cross Appeal From Queen’s Bench Division

Legal Issues

  1. 1 Whether a certificate under section 213 of the Housing Act 2004 must be executed in accordance with section 44 of the Companies Act 2006 when the landlord is a company
  2. 2 Whether a notice under section 8 of the Housing Act 1988 is valid if signed by an agent of the landlord company
  3. 3 Consequences of non-compliance with statutory requirements for authentication of documents

Ratio Decidendi

A certificate under section 213 of the Housing Act 2004 and a section 8 notice under the Housing Act 1988, when issued by a landlord company, are valid if signed by an authorised individual acting on behalf of the company; strict compliance with section 44 of the Companies Act 2006 is not required unless the statute expressly mandates it. Substantial compliance with statutory requirements suffices if the statutory purpose is fulfilled and no prejudice is caused.

Court Disposition

Tenant’s appeal dismissed; landlord’s cross-appeal allowed.

Orders

  • The certificate under section 213 of the Housing Act 2004 was valid.
  • The section 8 notice under the Housing Act 1988 was valid.