Newcastle City Council v Mahmoud Abdallah
[2024] UKUT 140 (LC)
Birmingham City Council v Drew Bravington
22 March 2023
[2023] EWCA Civ 308
Court of Appeal
The council left a notice to evict at a tenant's home, giving it to his girlfriend. Even though the tenant didn't see it, the court said this was okay because a special law lets councils serve notices like this, and giving it to his girlfriend was a reasonable way to make sure he got the message.
Key Facts
- •Mr. Drew Bravington had a secure tenancy with Birmingham City Council.
- •Bravington was convicted of serious offenses.
- •The Council served a "notice of seeking possession" on Bravington under section 83ZA of the Housing Act 1985.
- •Service was effected by handing the notice to Bravington's girlfriend at his address.
- •Bravington claimed the notice was not validly served.
- •The lower courts dismissed the Council's claim for possession.
- •The Council appealed, arguing that section 233 of the Local Government Act 1972 validated the service.
Legal Principles
Section 233 of the Local Government Act 1972 governs service of documents by local authorities.
Local Government Act 1972, section 233
Section 83ZA of the Housing Act 1985 requires a notice before possession proceedings under section 84A.
Housing Act 1985, sections 83ZA, 84A
Common law requires receipt of a document for valid service; however, statutes may alter this.
Case law (Knight v Goulandris)
The interpretation of "leaving" a document at a proper address under section 233 depends on whether a reasonable person would have acted in that way to bring it to the addressee's attention.
Lord Newborough v Jones
Outcomes
The appeal was allowed.
Section 233 of the 1972 Act applies to notices under section 83ZA of the 1985 Act. The service, by handing the notice to Bravington's partner at his address, met the requirements of section 233, as it was a reasonable method to bring the notice to Bravington's attention. Receipt by Bravington was not required for valid service under section 233.