The issue on this appeal is whether a notice served by the Respondent Landlords on the Appellant under section 21 of the Housing Act 1988 was invalid because no energy performance certificate had been served by the Landlords on the Tenant prior to the service of the section 21 notice. That depends on whether service of an EPC was required at the relevant time by virtue of the 1988 Act, the Deregulation Act 2015 and the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015. District Judge K. Harper held that service of an EPC was required and therefore the section 21 notice was invalid, whereas His Honour Judge Simpkiss held that service of an EPC was not required and therefore the section 21 notice was valid. Nugee LJ granted permission for a second appeal because the issue is one which has divided judges and commentators.
[2021] EWCA Civ 936
Bailii, Judiciary
Housing Act 1988 21, Deregulation Act 2015, Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015
England and Wales
Updated: 16 August 2021; Ref: scu.663466
