Pro bono success for Christopher McCarthy in Court of Appeal: Jarvis v Evans – landlord licensing in Wales

07 July 2020

The Court of Appeal has held that a section 8, Housing Act 1988 notice served by a landlord is a “notice to terminate a tenancy” and 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 the Housing (Wales) Act 2014 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 the landlord is relying upon “fault-based” grounds for possession.

Christopher McCarthy acted pro bono for the successful tenants, instructed by Hugh James. You can read read the judgment online.

More information

Christopher and other members of the housing team have been involved in representing and advising both social landlords and tenants in relation to this scheme. If you would like any advice on these issues or any related matters, our housing barristers can help, please contact our clerks for details. You can read the article Jarvis v Evans - landlord licensing in Wales for further information.