Taylor v Spencer [2013] EWCA Civ 1600 (20 November 2013)

Taylor v Spencer [2013] EWCA Civ 1600 (20 November 2013)

A section 21 notice under the Housing Act 1988 is valid if it includes the statutory formula referring to the last day of a period of the tenancy, even if it also specifies an incorrect fixed date, provided the reasonable recipient would understand that the formula prevails and the statutory requirements are...

Source-derived case information.

Citation
[2013] EWCA Civ 1600
Parties
Appellant: Spencer; Respondent: Taylor
Jurisdiction
England and Wales
Judgment Date
20 November 2013
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Assured Shorthold Tenancy, Section 21 Notice, Notice Requirements, Possession Proceedings
Landlord and Tenant Housing Law Civil Procedure Assured Shorthold Tenancy Section 21 Notice Notice Requirements Possession Proceedings

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Summary, issues, holding and outcome

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Parties

Spencer

Appellant

Taylor

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a section 21 notice specifying an incorrect date but also including the statutory formula is valid for possession proceedings under the Housing Act 1988.

Ratio Decidendi

A section 21 notice under the Housing Act 1988 is valid if it includes the statutory formula referring to the last day of a period of the tenancy, even if it also specifies an incorrect fixed date, provided the reasonable recipient would understand that the formula prevails and the statutory requirements are otherwise met.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; possession order stands