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Who can serve a Section 21 Notice?

Reasons to choose Wilson Browne

A recent Court of Appeal case has confirmed that notice under Section 21 Housing Act 1988 can only be given by the immediate landlord and not by any superior landlord.

In Barrow v Kazim [2018] EWCA Civ 2414 the Court was asked to determine whether a superior landlord could serve a Section 21 Notice.

Mr Kazim was the freehold owner of the property. He had let the property to Anthea Investments Limited who in turn issued an Assured Shorthold Sub-Tenancy to Mr Barrow.

On 12 January 2016, Mr Kazim terminated the lease to Anthea with effect from 19 March 2016. At the same time, he also served notice under s.21, 1988 Act on Mr Barrow. Mr Barrow did not vacate and Mr Kazim then issued possession proceedings against him. Mr Barrow defended the proceedings arguing that, in January 2016 when the Section 21 Notice was served on him by Mr Kazim, Anthea Investments was his immediate landlord and so Mr Kazim could not give notice under s.21.

Both the District Judge and the Circuit Judge found for Mr Kazim.

The matter was referred to the Court of Appeal which allowed an appeal by Mr Barrow finding that a notice under s.21 could only be given by the immediate landlord and not by any superior landlord.

If you require any Private Landlord advice, contact our Specialist Team