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ARTICLE · 19 AUGUST 2024

Service By Post Of Prescribed Information

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The Court of Appeal is considering an appeal by a tenant which challenges the service of prescribed documents by post (D'Aubigny v Khan & Anor [2023]), set for hearing in December 2024.

United KingdomReal Estate and Construction
Benjamin Lomer
Benjamin Lomer
Devon Monaghan
Devon Monaghan

The Court of Appeal is considering an appeal by a tenant which challenges the service of prescribed documents by post (D'Aubigny v Khan & Anor [2023]), set for hearing in December 2024.

If the Court of Appeal finds in favour of the tenant, there could be significant implications for landlords of private residential property and their advisors.

For the time being, landlords and their agents should urge residential tenants to sign and/or expressly acknowledge receipt in writing when receiving any important documents.

Background

The respondents are the landlords of a premium residential flat under an assured shorthold tenancy (an AST).

The landlords served a s.21 notice under the Housing Act 1988 requiring possession of the property. As a pre-requisite for a S.21 Notice to be valid, the tenant must have been provided with the usual prescribed information including EPC, gas safety certificate, 'How to Rent Checklist for Renting in England' etc. (together the

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