Yenula Properties Ltd v Naidu
| Jurisdiction | England & Wales |
| Judgment Date | 18 July 2002 |
| Neutral Citation | [2001] EWHC 387 (Ch) |
| Date | 18 July 2002 |
| Court | Chancery Division |
Chancery Division
Before Mr Justice Lloyd.
Landlord and Tenant - service of notice to create assured shorthold tenancy - satisfied by service on agent - appeals in multi-track cases - Housing Act 1988 Section 20 - Galinski v McHugh [1989] 1 EGLR 109 - Landlord and Tenant Act 1954 Section 4(1) - Civil Procedure Rules Part 8 and Rule 8.1(3) as supplemented by Practice Direction para 1.6 - Access to Justice Act 1999 (Destination of Appeals) Order (SI 200 No. 1071) Article 4
The notice provision in section 20 of the Housing Act 1988, requiring that, for a tenancy to be properly created as an assured shorthold tenancy, notice had to be served on the "person who was to be tenant under the tenancy", could be satisfied by service of the notice on the tenant's agent.
Mr Justice Lloyd so held in the Chancery Division when allowing an appeal by the claimant, Yenula Properties Ltd, from the decision of Judge Bradbury at Central London County Court holding that the tenancy contract which Yenula, as landlord, had agreed with the defendant, Venkat Mun Swami Naidu, was not an assured shorthold tenancy.
Yenula appealed on the grounds, inter alia, that, even though the section 20 notice had only been served on the tenant's solicitor acting in his capacity as agent of the tenant and not on the tenant himself, notice served in this way was sufficient to satisfy the requirements of the section.
It relied on Galinski v McHughUNK ((1989) 1 EGLR 109) which concerned section 4(1) of the Landlord and Tenant Act 1954, under which a long lease tenancy agreement could only be terminated where notice of the termination had been "given to the tenant". It was held there that such a notice had been validly served when it had been given to the tenant's solicitors.
The proceedings had initially been commenced by a Part 8 claim form under the Civil Procedure Rules as the claimant did not believe there was a substantial dispute of fact.
It subsequently became clear that there was a dispute of fact, but when the county court ordered the defendant to serve a defence the court did not make an additional order in accordance with its powers under rule 8.1(3) that the claim continue as if the Part 8 procedure had never been used.
If the court had made such an order it could also have allocated the claim expressly to the multi-track: see paragraph 1.6 of the Practice Direction supplementing Part 8. Because the court did not make the...
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