Birmingham City Council v Drew Bravington

Birmingham City Council v Drew Bravington

Section 233 of the Local Government Act 1972 applies to service of notices under section 83ZA of the Housing Act 1985, and service is valid if the notice is left at the tenant's proper address in a reasonable manner, regardless of actual receipt.

Parties
Claimant/appellant: Birmingham City Council; Defendant/respondent: Drew Bravington
Jurisdiction
England and Wales
Judgment Date
22 March 2023
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Service of Notice, Statutory Interpretation, Absolute Ground for Possession, Secure Tenancy, Anti Social Behaviour
Housing Law Local Government Law Civil Procedure Service of Notice Statutory Interpretation Absolute Ground for Possession Secure Tenancy Anti Social Behaviour

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Parties

Birmingham City Council

Claimant/appellant

Drew Bravington

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Does section 233 of the Local Government Act 1972 apply to service of a notice under section 83ZA of the Housing Act 1985?
  2. 2 Was the notice validly served under section 233?
  3. 3 Does actual receipt of the notice matter if statutory service requirements are met?

Ratio Decidendi

Section 233 of the Local Government Act 1972 applies to service of notices under section 83ZA of the Housing Act 1985, and service is valid if the notice is left at the tenant's proper address in a reasonable manner, regardless of actual receipt.

Court Disposition

Appeal allowed

Orders

  • Application for summary judgment dismissed
  • Declaration that the notice was duly served on Mr Bravington