![CA-2024-002828 - [2025] EWCA Civ 1016](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png){kind=logo}
Conclusions
Overall conclusion
If the other members of the court agree, I would make a declaration that Ms O’Connor was at the material time a qualifying tenant of Flat 17 at the Property, but I would allow Avon’s appeal on the basis that the failure to give a participation notice to her within the period stipulated by section 79(2) of the 2002 Act invalidated the claim notice served by the respondent on 21 January 2022.
Lord Justice Jeremy Baker:
I agree.
Lord Justice Newey:
I also agree.
- Heading
- Sir Launcelot Henderson
- The decision of the Upper Tribunal
- The statutory framework
- The facts
- Issue 1: was Ms O’Connor a qualifying tenant?
- This conclusion was in her view consistent with the analysis of the Deputy President in the 7 Sunny Gardens case (see [40] above) and also with the reasoning of the Supreme Court in A1 Properties, whe
- As the Judge put it at [61]
- Discussion of Issue 1
- Issue 2: Did the failure to give a participation notice to Ms O’Connor invalidate the claim notice served by the respondent on 21 January 2022?
- The decision of the UT on Issue 2
- Conclusions