This case is based on a rent to rent tenancy. Northwood rented the property from the landlord and sublet the property to a tenant, this made Northwood the landlord.
The tenant argued the section 8 and the prescribed information had not been signed correctly, as the landlord was a limited company the notice should have been signed in line with Companies Act 2006 s44.
When a limited company is executing a document, it can be signed by two authorised signatories or by a director of the company in the presence of a witness who attests the signature.
The court decided the prescribed information is not required to be signed in line with the Companies Act. As the landlord is a limited company a member of staff was able to sign the document and in this case the document was signed by the director of Northwood.
With regards to section 8 notice, a member of staff signed the notice but indicated they were the landlord. As the notice can be signed by the landlord, joint landlords or the landlord’s agent, there is no requirement for the document to be executed in line with s44 Companies Act.
In summary, the court decided neither the prescribed information nor the section 8 notice needed to be signed in accordance with the companies act s44.
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