A landlord who gives an assured shorthold tenancy notice to a tenant under section 20 of the Housing Act 1988 can validly serve the notice on the tenant’s agent if the tenant has authorised the agent to accept such notice.
This rule, which was established by the High Court in the case of Yenula Properties Ltd v Naidu, has now been upheld on appeal.
The judge who initially heard the case ruled that a section 20 notice was invalid because it had been served on a licensed conveyancer, who was acting as the tenant’s agent, rather than being served directly on the tenant. The judge found that the tenant therefore held an assured tenancy of the property in question. However, that decision was overturned by the High Court, and a subsequent appeal has been dismissed yesterday.
Dismissing the appeal, the Appeal Court said that the case raised the question of the validity of service on an authorised agent. The court was satisfied that such notice was valid, and agreed that the judge who heard the case initially was wrong to hold that the tenant had not given authority to the licensed conveyancer to accept such notice.
Yenula Properties Ltd v Naidu Court of Appeal (Robert Walker, Rix and Arden LJJ) 23 May 2002.
Judith Jackson QC and Nigel Thomas (instructed by Rippon Patel & French) appeared for the appellant; Jonathan Brock QC and Emily Windsor (instructed by SJ Berwin & Co) appeared for the respondent.
PLS News 24/5/02
