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13 June 2019 / Hywel James
Issue: 7844 / Categories: Features , Landlord&tenant , Housing
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Section 21: when ‘or’ actually means ‘and’

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Do landlords have to be both registered and licensed when serving a section 21 notice? DJ Hywel James considers the lessons from Evans v Fleri
  • The decision of HHJ Jarman QC in Evans v Fleri is the first occasion an appellate court has considered the interpretation of the 2014 Act.
  • Breach of these provisions constitutes a criminal offence.

Housing law in Wales is an area of law which has been devolved and primary legislation is the responsibility of the Welsh Assembly. The Housing (Wales) Act 2014 (H(W)A 2014) among other matters established a regime requiring private landlords to be registered. A landlord carrying out letting or property management activities must also be licensed or in the alternative appoint a person who is licensed to undertake such work. Breach of these provisions constitutes a criminal offence.

The requirements for registration and licensing have consequences in terms of the service of a section 21 notice terminating a tenancy upon the giving of two months’ notice. Section 44 (1) of H(W)A 2014

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