Taylor v Spencer

Taylor v Spencer

The notice was valid under section 21(1) of the Housing Act 1988 as it gave more than two months' notice and satisfied the statutory requirements; the presence of both a fixed date and a formula did not invalidate the notice as the formula provided the correct date.

Parties
Appellant: Spencer; Respondent: Taylor
Jurisdiction
England and Wales
Judgment Date
20 November 2013
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Assured Shorthold Tenancy, Notice for Possession, Section 21 Housing Act 1988
Landlord and Tenant Housing Law Assured Shorthold Tenancy Notice for Possession Section 21 Housing Act 1988

Case Brief

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Parties

Spencer

Appellant

Taylor

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the notice requiring possession was valid under section 21 of the Housing Act 1988
  2. 2 Interpretation of section 21(1) and 21(4) Housing Act 1988

Ratio Decidendi

The notice was valid under section 21(1) of the Housing Act 1988 as it gave more than two months' notice and satisfied the statutory requirements; the presence of both a fixed date and a formula did not invalidate the notice as the formula provided the correct date.

Court Disposition

Appeal dismissed

Orders

  • Court order for possession upheld
  • Application to rely on additional evidence does not arise