31 March 2017
Mayor and Burgesses of the London Borough of Islington v Dyer [2017] EWCA Civ 150, [2017] All ER (D) 164 (Mar)
The Court of Appeal allowed the appellant council’s appeal against a judge’s order that the council’s notice for possession of a flat, which was let by the council to the respondent tenant under a tenancy agreement which created an introductory tenancy, had been invalid for failing to comply with the provisions of s 128(7) of the Housing Act 1996. Looked at objectively, the two documents served by the council had functioned together as a notice for the purposes of s 128 of the Act.
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