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Residential tenancies.

The editor of this section of the site is Harriet Holmes barrister of Tanfield Chambers (www.tanfieldchambers.co.uk)

Introductory tenancies

Notices

Islington London Borough Council v Dyer
[2017] EWCA Civ 150

Summary

A notice served by a landlord on a tenant for the purposes of s128 of the Housing Act 1996 could be comprised in more than one document. There was no reason why an accompanying information leaflet should not be treated as part of the notice if the reasonable recipient would have understood that the documents were intended to be read together.

Relevant statutory provisions

Section 128 provides:
“(1) The court shall not entertain proceedings for the possession of a dwelling-house let under an introductory tenancy unless the landlord has served on the tenant a notice of proceedings complying with this section.


(7) The notice shall also inform the tenant that if he needs help or advice about the notice, and what to do about it, he should take it immediately to a Citizens' Advice Bureau, a housing aid centre, a law centre or a solicitor.”

Facts

The tenant resided in a flat let under an introductory tenancy by the local authority. The authority sent the tenant a letter headed “Re Notice of Proceedings for Possession of Introductory Tenancy”, and a two-page “notice” purportedly under s128(1) of the Housing Act 1996 and a two-page “Information Leaflet”. The tenant argued that the provisions of s.128(7) of the Act had not been complied with because the notice did not include a statement informing him that if he needed help or advice about the notice he should take it to a Citizen's Advice Bureau, a housing aid centre, a law centre or a solicitor: that information had instead been included in the information leaflet served with the notice.

At first instance, the district judge rejected the tenant's argument, but on appeal it was held that the notice was invalid. The appeal judge held that the requirement to include the s128(7) information in the notice was mandatory and that the s128 notice did not include the in ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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