28th November 2014
In 5 conjoined appeals the UT considered whether there had been a failure to comply with the statutory procedural provisions and where it concluded that there had been it went on to consider whether there was nevertheless substantial compliance.
Issues
The facts of each case were slightly different but together they raised the following issues:
Decision
In relation to the Saturday/Sunday issue the judge held that the notice failed to comply with the statutory provisions and that there had not been substantial compliance because it was an important part of the statutory scheme that the articles of the RTM should be available for inspection on at least one weekend day.
In relation to the signature issue the Tribunal held that the notices were compliant and the issue of substantial compliance did not arise.
In relation to the intermediate landlord issue the court held that the obligation to serve the landlord was not one where substantial compliance can have been held by Parliament to suffice, and therefore the failure to serve was
Comment
The Deputy President’s formulation of the proper approach where there has been non compliance was as follows:
“The first task is to construe the statutory requirements in their relevant setting…and to consider whether substantial compliance can have been intended by Parliament to suffice. If substantial compliance is capable of having the same legal effect as full compliance with the relevant provision, it then falls to consider whether the steps which have been taken have substantially achieved the statutory objective. In addressing that question it is necessary for the Tribunal to consider whether it is satisfied that no such prejudice has been caused as would impair the integrity of the statutory process, with the burden of so satisfying it falling on the RTM company.”
The reasoning in this case, in particular the reference to “substantial compliance” must now be read in the light of the decision of the Court of Appeal in Natt v Osman [2014] EWCA 1520 Civ.
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