Can Gas Safety Records (GSR), Energy Performance Certificates (EPC), and How to Rent Guides (HTR) be deemed served on a tenant by post under Section 7 of the Interpretation Act 1978?

In D’Aubigny v Khan, CA – 2023 – 002567, the Court of Appeal has granted permission for a second appeal on this issue with Nugee LJ observing that this Ground raises an important point of principle.

This appeal will address significant questions about the statutory interpretation that affects the service of these critical documents from the Landlord 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.

This case represents a critical moment in statutory interpretation that could influence future landlord and tenant relationships across England and Wales. Matthew Lee, of Doughty Street Chambers leads Timothy Jones of Garden Court Chambers, instructed by Manjinder Atwal and Vincent Davis of Duncan Lewis Solicitors who are committed to advocating for clarity and fairness in the application of the law, ensuring that essential information reaches tenants in a manner that supports their safety and well-being.