Tim Jones of the Garden Court Housing Law Team represents the Appellant, alongside Matthew Lee, and led by Martin Westgate KC of Doughty Street Chambers. Counsel are instructed by Manjinder Kaur Atwal and Vincent Davis of Duncan Lewis Solicitors.
The below content has been reproduced from a Duncan Lewis release.
The Court of Appeal has granted the Appellant permission for a second appeal in the case of D’Aubigny v Khan, CA – 2023 – 002567 scheduled to take place in December 2024, setting the stage for a review that will significantly affect landlords and tenants across England and Wales.
This critical case focuses on the interpretation of Section 7 of the Interpretation Act 1978, examining whether essential tenant documents such as Gas Safety Records (GSR), Energy Performance Certificates (EPC), and How to Rent Guides (HTR) can be deemed served by post.
The decision to review these provisions is crucial as it addresses the efficacy and reliability of current methods used by landlords to deliver these critical and important documents to the tenant.
The Appellant contends that proper service of these documents is not a mere formality but a crucial requirement to ensure tenant safety and informed decision-making. The Appellant will also highlight the need for clear and direct delivery methods that ensure tenants actually receive and understand essential safety, energy efficiency, and tenancy information. This approach not only serves the public interest but upholds the legislative intent and judicial precedent emphasising the necessity for explicit service provisions.
