Khan v D’Aubigny: A Turning Point in Tenancy Law and Document Service

The Court of Appeal’s decision in Khan v D’Aubigny [2025] EWCA Civ 11 has provided both guidance and concern in equal measure, offering much-needed clarity on how landlords must serve documents under tenancy agreements. If you're a landlord, letting agent

The background

The case centred on a landlord’s attempt to regain possession of a property using a Section 21 notice under the Housing Act 1988. The tenant, Mr Khan, didn’t dispute receiving the notice itself. However, he argued that it was invalid because he hadn’t received three key documents:

• A valid Gas Safety Certificate;
• An Energy Performance Certificate (EPC); and
• The “How to Rent” guide.

These documents are required to be served before a valid Section 21 notice can be given.

The legal arguments

The landlords, Mr and Mrs D’Aubigny, claimed they had served the documents by first-class post, relying on:

1. A clause in the tenancy agreement stating that notices sent by post to the property would be deemed served;
2. The common law presumption that a properly posted letter is received; and
3. Section 7 of the Interpretation Act 1978, which supports deemed service if documents are correctly addressed and posted.

Mr Khan challenged all three points, arguing that:

• These weren’t “notices” as defined in the tenancy agreement;
• The presumption of receipt didn’t apply in this context; and
• The Interpretation Act didn’t override the specific requirements of the Housing Act.

The Court’s decision

The Court of Appeal sided with the landlords on two key points:

• What counts as a “notice”: The Court held that the documents, though not formal legal notices, were still “notices” under the tenancy agreement because they served a formal purpose in the tenancy relationship.
• Deemed service under the Interpretation Act: The Court confirmed that Section 7 applied, meaning that if the documents were properly posted they were legally deemed served, even if the tenant claimed not to have received them.

However, the Court was more cautious about the common law presumption, suggesting it may not apply as broadly as the landlords argued.

Why this matters

This case is important for landlords and agents, who must now consider the following:

• Review your tenancy agreements: Make sure they clearly define what counts as a “notice” and how documents should be served;
• Keep records of service: If you’re relying on postal service, document everything; dates, addresses, and proof of posting; and
• Understand the broader definition of “notice”: It’s not just about formal legal documents; anything with a formal purpose in the tenancy could count.

What’s next?

The case has been appealed to the Supreme Court (case ID: UKSC/2025/0054), so further developments may be on the horizon. For now, Khan v D’Aubigny stands as a key authority on document service in residential tenancies.

If you have any further questions about the effect of this case, or about a landlord and tenant dispute more generally, please contact Daniel Dickson on djd@deanwilson.co.uk or 01273 249232.