Christopher McCarthy is instructed by Hugh James solicitors to act for the respondent tenants in Jarvis v Evans. The case raises a narrow but important point about the provisions of the Housing (Wales) Act 2014. Can a landlord who is not licensed under Part 1 of the Act serve a notice seeking possession under section 8 of the Act?
The Court of Appeal lifted the stay imposed by CPR (Covid) PD 51Z and will hear the appeal remotely tomorrow (16 June 2020).
The case of Hackney LBC v Okoro [2020] EWCA Civ 681 held that the automatic stay of possession cases in CPR (Covid) PD 51Z applies to appeals.
However the Court of Appeal has decided that Jarvis v Evans raises a specific point of general importance which requires determination at some early stage. Accordingly, the automatic stay, was lifted on 5 June.
Background to the case
In short, unless licensed under Part 1 of the Housing (Wales) Act 2014, the landlord of a dwelling subject to a domestic tenancy must not, amongst other things, serve a notice to terminate a tenancy: section 7, Housing (Wales) Act 2014. At the time of serving the section 8 notice in this case, the landlord was neither licensed nor registered. A district judge made a possession order (the point not being taken at first instance).
Her Honour Judge Garland-Thomas, on the first appeal, held that a section 8 notice fell within the provisions of section 7 of the Act and, as such, an unregistered landlord was prohibited from serving such a notice. The possession order was set aside.