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18 February 2022 / Stephen Gold
Issue: 7967 / Categories: Features , Procedure & practice , Civil way
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Civil way: 18 February 2022

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Corporate landlords give thanks; Don’t forget the pension; Domestic abuse: definition extension; Financial remedies: HURRY!

PHEW!

Company landlords can relax as a technical defence is killed off. Both a certificate given to a tenant under s 213 of the Housing Act 2004 about deposit protection and a notice seeking possession under s 8 of the Housing Act 1988 can be signed by an individual on behalf of the company who is authorised to sign. Neither document needs to be authenticated as required by s 44 of the Companies Act 2006. The Court of Appeal so held in Northwood (Solihull) Ltd v Cooke [2022] EWCA Civ 40, [2022] All ER (D) 101 (Jan). Hilmi & Associates Ltd v 20 Pembridge Villas Freehold Ltd [2010] EWCA Civ 314, [2010] 3 All ER 391 concerning a notice under s 99(5) of the Leasehold Reform, Housing and Urban Development Act 1993 was distinguished.

PENSION POT BLUES

The cash-flow test on a debtor’s application for bankruptcy involves determination as to whether they can pay their debts

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