Northwood (Solihull) Ltd v Fearn & Ors [2022] EWCA Civ 40 (26 January 2022)

Northwood (Solihull) Ltd v Fearn & Ors [2022] EWCA Civ 40 (26 January 2022)

Both the tenancy deposit certificate and the section 8 notice were validly executed as they were signed by authorised persons acting on behalf of the landlord company; strict compliance with section 44 of the Companies Act 2006 was not required, and substantial compliance with statutory requirements sufficed.

Citation
[2022] EWCA Civ 40
Parties
Respondent/appellant: Northwood (Solihull) Limited; Appellant/respondent: Vicky Cooke; Respondent: Darren Fearn; Respondent: Sharon Fearn
Jurisdiction
England and Wales
Judgment Date
26 January 2022
Procedural Posture
Appeal / Court of Appeal (civil Division) Judgment
Outcome
Tenant's appeal dismissed; landlord's cross-appeal allowed.
Legal Topics
Authentication of Documents, Tenancy Deposit Protection, Statutory Compliance, Execution of Documents by Companies, Notice Seeking Possession
Landlord and Tenant Company Law Civil Procedure Authentication of Documents Tenancy Deposit Protection Statutory Compliance Execution of Documents by Companies Notice Seeking Possession

Case Brief

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Parties

Northwood (Solihull) Limited

Respondent/appellant

Vicky Cooke

Appellant/respondent

Darren Fearn

Respondent

Sharon Fearn

Respondent

Procedural Posture

Appeal / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Whether a tenancy deposit certificate and section 8 notice must be authenticated in accordance with section 44 of the Companies Act 2006 when the landlord is a company
  2. 2 Whether signature by an authorised agent suffices for statutory compliance
  3. 3 Consequences of non-compliance with statutory requirements

Ratio Decidendi

Both the tenancy deposit certificate and the section 8 notice were validly executed as they were signed by authorised persons acting on behalf of the landlord company; strict compliance with section 44 of the Companies Act 2006 was not required, and substantial compliance with statutory requirements sufficed.

Court Disposition

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

Orders

  • Certificate under section 213 Housing Act 2004 held valid.
  • Section 8 notice seeking possession held valid.