Wandsworth LBC v Atwell (1995)

A s. 21 notice was not effectively served as it was left at the leased premises but it was not proved that it was brought to the attention of the tenant. The tenant of a house rented from the council had been granted a weekly tenancy. The tenant’s half-brother later also moved into the property, and and acted as caretaker when the tenant went abroad to work several several years later. The tenant’s half-brother paid the rent whilst the tenant was away. Two years after the tenant had gone abroad, the council’s manager interviewed the tenant’s half-brother, and then sought to end the tenancy. A notice to quit was left at the property, address to the tenant, and a copy was posted to the tenant’s address abroad (which had been provided by his half-brother). The tenant did not respond to the notice, and his half-brother did not vacate the property. The half-brother pleaded that he occupied the property by permission of the tenant, and that the tenant was a secure tenant and his tenancy had not been properly determined. At the hearing, the tenant gave evidence that he had not received a copy of the notice too quit. The judge made an order for possession, stating that the local authority took all of the steps available to give the notice to the tenant. On appeal: