Evans v Fleri [2019] EW Misc 13 (CC) (18 April 2019)

To serve a section 21 notice under the Housing Act 1988 in Wales, a landlord must be both registered and licensed under the Housing (Wales) Act 2014; registration alone is insufficient.

Citation: [2019] EW Misc 13 (CC)
Parties: Claimant: Mr Fleri; Respondent: Mr Evans
Jurisdiction: England and Wales
Judgment Date: 18 April 2019
Procedural Posture: Possession Claim (appeal) / Appeal From Order Setting Aside Strike Out
Outcome: Appeal allowed; order setting aside strike out quashed; original strike out order reinstated.
Legal Topics: Section 21 Notice, Registration and Licensing Requirements, Statutory Interpretation, Welsh Housing Law

Housing Law Landlord and Tenant Section 21 Notice Registration and Licensing Requirements Statutory Interpretation Welsh Housing Law

Case Brief

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Parties

Mr Fleri

Claimant

Mr Evans

Respondent

Procedural Posture

Possession Claim (appeal) / Appeal From Order Setting Aside Strike Out

Legal Issues

1 Whether a landlord who is not licensed under the Housing (Wales) Act 2014 can serve and rely upon a section 21 notice under the Housing Act 1988 to claim possession of a dwelling in Wales

Ratio Decidendi

To serve a section 21 notice under the Housing Act 1988 in Wales, a landlord must be both registered and licensed under the Housing (Wales) Act 2014; registration alone is insufficient.

Court Disposition

Appeal allowed; order setting aside strike out quashed; original strike out order reinstated.

Orders

Claim remains struck out under the order made on 31 August 2018.
Parties invited within 14 days to file agreed consent order or written submissions on consequential matters.