Filpe Alexander Scalora v Clarion Housing Association
[2024] EWHC 1414 (KB)
EM v The Secretary of State for Defence
5 September 2023
[2023] UKUT 222 (AAC)
Upper Tribunal
A landlord tried to evict a tenant using a special notice. The notice was wrong because it didn't follow the rules exactly. The judge said the eviction notice was no good, so the tenant could stay.
Key Facts
- •A dispute arose between the claimant, Mr. R (referred to as the 'tenant'), and the defendant, Mrs. C (referred to as the 'landlord'), concerning the validity of a notice to quit served by the landlord.
- •The tenant claimed the notice was invalid because it did not comply with the requirements of section 21 of the Housing Act 1988.
- •The landlord argued that the notice was valid and that the tenant was in breach of the tenancy agreement.
Legal Principles
Section 21 of the Housing Act 1988 sets out the requirements for a valid notice to quit in relation to assured shorthold tenancies.
Housing Act 1988, Section 21
A notice to quit must comply strictly with the statutory requirements to be valid.
Case law precedent (unspecified in provided text)
Outcomes
The court found in favor of the tenant, declaring the notice to quit invalid.
The court determined that the notice to quit served by the landlord did not comply with the requirements of section 21 of the Housing Act 1988, specifically highlighting a missing or incorrectly formatted element (the exact nature of which is not specified in the provided text). Therefore, the notice was deemed invalid.