News

The Court of Appeal has granted the Appellant (our client) permission for a second appeal in the case of D’Aubigny v Khan, CA – 2023 – 002567, 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.

Duncan Lewis Housing Law team’s Director Manjinder Kaur Atwal and Solicitor Vincent Davis has instructed Matthew Lee of Doughty Street Chambers and Timothy Jones of Garden Court Chambers in this case.

Manjinder Kaur Atwal, a Director at Duncan Lewis Solicitors is recognised for her profound knowledge in housing law. She adeptly handles complex legal challenges involving homelessness, possession, and unlawful eviction, tirelessly advocating for tenant rights and welfare.

Contact Manjinder via email at manjindera@duncanlewis.com or by telephone at 07342 081 785.

Vincent Davis serves as a Solicitor at Duncan Lewis, with a keen focus on housing and public law. His efforts are dedicated to defending the rights of the underprivileged, ensuring fairness and legal access in housing issues.

Contact Vincent via email at VincentD@duncanlewis.com or by telephone on 02031141262.

Duncan Lewis Solicitors

Duncan Lewis Solicitors crowned LexisNexis Law Firm of the Year 2024, continues to set benchmarks in the legal industry. Celebrated for its successes at the Modern Law Awards and recognised by The Times, the firm stands out for its innovative practices and commitment to legal excellence. Specialising in housing law among other areas, Duncan Lewis tailors its award-winning services to effectively meet the evolving needs of its diverse client base.