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England and Wales Case Law

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Landlord and tenant [2026] EWCA Civ 515

Muca v El Amrani

Muca v El Amrani [2026] EWCA Civ 515 (30 April 2026)

The Court of Appeal held that section 21A barred section 21 notices where landlords had not given tenants pre-occupation gas safety certificates, despite later certificates.

  • Section 21 notices
  • Gas safety certificates
  • Retrospective application
  • Prescribed requirements
  • Assured shorthold tenancies
  • Housing-law
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Landlord and tenant law

Martyna Switaj v Adrian McClenaghan

The Court of Appeal held that pre-2019 tenancy fees did not bar a section 21 notice for a later tenancy, because no new prohibited payment was required under the Tenant Fees Act 2019.

  • Tenant fees act 2019
  • Section 21 notices
  • Prohibited payments
  • Transitional provisions
  • Assured shorthold tenancy
  • Tenant-fees-act-2019
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Public law [2023] EWHC 1702 (Admin)

Cabinet Office, R (On the Application Of) v Chair of the UK COVID-19 Inquiry

Cabinet Office, R (On the Application Of) v Chair of the UK COVID-19 Inquiry [2023] EWHC 1702 (Admin) (06 July 2023)

The High Court held that a broad section 21 notice under the Inquiries Act 2005 was valid, even if it could capture some irrelevant documents.

  • Inquiries act 2005
  • Judicial review
  • Disclosure of documents
  • Public inquiries
  • Section 21 notices
  • Relevance of evidence
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Landlord and tenant [2021] EWCA Civ 936

Minister v Hathaway & Anor

Minister v Hathaway & Anor [2021] EWCA Civ 936 (23 June 2021)

The Court of Appeal held that an EPC was not required before serving the section 21 notice on this pre-October 2015 tenancy, so the possession notice was valid.

  • Section 21 notices
  • Energy performance certificates
  • Assured shorthold tenancies
  • Statutory interpretation
  • Section-21-notices
  • Energy-performance-certificates
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Landlord and tenant

Trecarrell House Ltd v Rouncefield

The Court of Appeal considered whether a landlord’s late provision of a gas safety record could cure a breach affecting section 21 possession proceedings.

  • Assured shorthold tenancy
  • Section 21 notices
  • Gas safety certificates
  • Prescribed requirements
  • Accelerated possession procedure
  • Assured-shorthold-tenancy
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Landlord and tenant [2020] EWCA Civ 760

Trecarrell House Ltd v Rouncefield

Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760 (18 June 2020)

Court of Appeal considered whether late service of a gas safety record can cure a section 21 defect. Majority held it can, and remitted timing of service.

  • Assured shorthold tenancy
  • Section 21 notices
  • Gas safety regulations
  • Prescribed requirements
  • Possession proceedings
  • Section-21-notices
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Landlord and tenant [2019] EWCA Civ 1174

Livewest Homes Limited (Formerly Known As Laverty Limited) v Sarah Bamber

Livewest Homes Limited (Formerly Known As Laverty Limited) v Sarah Bamber [2019] EWCA Civ 1174 (10 July 2019)

The Court of Appeal held that section 21(1B) Housing Act 1988 applies only when a fixed term AST expires by effluxion of time, not when ended early by a break clause.

  • Assured shorthold tenancies
  • Break clauses
  • Section 21 notices
  • Statutory interpretation
  • Fixed term tenancies
  • Social housing
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Housing law [2018] EWHC 2454

Livewest Homes Ltd v Bamber

Livewest Homes Ltd v Bamber [2018] EWHC 2454 (QB) (27 September 2018)

The High Court dismissed a tenant’s appeal, holding that Housing Act 1988 section 21(1B) did not require six months’ notice where a starter-period break clause was exercised.

  • Assured shorthold tenancies
  • Break clauses
  • Section 21 notices
  • Fixed term tenancies
  • Statutory interpretation
  • Assured-shorthold-tenancies
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Landlord and tenant [2014] EWCA Civ 1604

Charalambous & Anor v NG & Anor

Charalambous & Anor v NG & Anor [2014] EWCA Civ 1604 (16 December 2014)

The Court of Appeal held that an unprotected tenancy deposit barred service of a section 21 notice, even though the deposit was paid before the statutory regime began.

  • Tenancy deposits
  • Section 21 notices
  • Retrospective legislation
  • Statutory interpretation
  • Tenancy-deposits
  • Section-21-notice
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