Barrow & Anoe v Kazim & Ors [2018]

Barrow & Anoe v Kazim & Ors [2018] EWCA Civ 2414, 31 October 2018

Athena Investments Ltd were granted a lease of a property which contained a number of flats.  The lease gave permission for residential subletting. The flats were sublet by Athena on Assured Shorthold Tenancies (AST) for a fixed term of 28 weeks and statutory periodic thereafter.  The property was sold to Kazim and Others (the new owners/head landlord) who served notice on Athena seeking possession on 19th March 2016.  Kazim and Others also served section 21 notices on the sub-tenants. Under section 18 of the Housing Act 988, once the notice to quit on served on Athena had expired, the sub-tenants became the direct AST tenants of Kazim and Others.  Kazim issued proceedings against the sub-tenants based on the previously served section 21 notices.  The proceedings were defended by two of the tenants, Mr Barrow and Ms Amey.  The Judge found that ‘if you are the landlord of the superior tenant, you must be entitled to serve a notice to quit on the inferior tenant at the same time’ and granted possession.  The case was appealed and the Judge stated