Livewest Homes Limited (Formerly Known As Laverty Limited) v Sarah Bamber

Livewest Homes Limited (Formerly Known As Laverty Limited) v Sarah Bamber

Section 21(1B) Housing Act 1988 does not require a registered provider of social housing to give six months’ notice when terminating a fixed term assured shorthold tenancy by break clause during a starter period; the six months’ notice requirement applies only where the fixed term expires by effluxion of time, not when terminated early by break clause.

Parties
Claimant/respondent: Livewest Homes Limited (formerly known as Laverty Limited); Defendant/appellant: Sarah Bamber
Jurisdiction
England and Wales
Judgment Date
10 July 2019
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Assured Shorthold Tenancies, Break Clauses, Statutory Interpretation, Notice Requirements, Public Sector Equality Duty
Housing Law Landlord and Tenant Law Assured Shorthold Tenancies Break Clauses Statutory Interpretation Notice Requirements Public Sector Equality Duty

Case Brief

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Parties

Livewest Homes Limited (formerly known as Laverty Limited)

Claimant/respondent

Sarah Bamber

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether section 21(1B) of the Housing Act 1988 requires a registered provider of social housing to give six months’ notice when terminating a fixed term assured shorthold tenancy by break clause during a starter period
  2. 2 Whether a tenancy with a break clause is a 'term certain' for the purposes of section 21(1A) Housing Act 1988
  3. 3 Statutory construction of section 21(1A)-(1B) Housing Act 1988

Ratio Decidendi

Section 21(1B) Housing Act 1988 does not require a registered provider of social housing to give six months’ notice when terminating a fixed term assured shorthold tenancy by break clause during a starter period; the six months’ notice requirement applies only where the fixed term expires by effluxion of time, not when terminated early by break clause.

Court Disposition

appeal dismissed