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Landlord licensing in Wales—notice served under section 8 of the Housing Act 1988 invalid if served by an unlicensed Welsh landlord (Evans v Jarvis, Shelter Cymru intervening)

Landlord licensing in Wales—notice served under section 8 of the Housing Act 1988 invalid if served by an unlicensed Welsh landlord (Evans v Jarvis, Shelter Cymru intervening)
Published on: 09 July 2020
Published by: LexisPSL
  • Landlord licensing in Wales—notice served under section 8 of the Housing Act 1988 invalid if served by an unlicensed Welsh landlord (Evans v Jarvis, Shelter Cymru intervening)
  • What are the practical implications of this case?
  • What was the background?
  • Appeal to the circuit judge
  • What did the court decide?
  • Brief legal framework
  • Issues on appeal
  • Issue one: scope of H(W)A 2014, s 7(2)(f)
  • Issue two: consequences of breaching H(W)A 2014, s 7
  • Case details

Article summary

Property Disputes analysis: The Court of Appeal has held that a notice served under section 8 of the Housing Act 1988 (HA 1988) by a landlord is a ‘notice to terminate a tenancy’ within the scope of section 7(2)(f) of the Housing (Wales) Act 2014 (H(W)A 2014). The court went onto hold that if such a notice is served by a landlord who is unlicensed in Wales, it is invalid. This case was the first to see the provisions of H(W)A 2014, Pt 1 before the higher courts and will have substantial implications for both private landlords and tenants in Wales. The case confirms that if a private landlord does not follow the rules, it could result in possession of a property being denied even where they are relying upon ‘fault-based’ grounds for possession. Written by Sarah Salmon and Christopher McCarthy, barristers, at Field Court Chambers. or take a trial to read the full analysis.

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