Companies Act 2006 – Court of Appeal decision

A landmark case in the Court of Appeal which was backed by Propertymark returned a verdict in favour of the landlord/letting agent on 26 January.


Propertymark and Dutton Gregory checked through the final ruling which was published around 5:00 pm to communicate the correct information to our members.

It has been heralded as a landmark case after the High Court ruled that Prescribed Information should be served in line with the Companies Act 2006. The decision of the ruling means that these particular forms do not need to be signed by two company directors witnessed by a third party or even “sealed” by a company landlord or agency.

Propertymark has produced a fact sheet for ARLA Propertymark members to download, which gives details of the background and the case relating to a Section 8 Notice and Prescribed Information.

FS Signing contract.jpg
27 Jan 2022
Fact sheet: Companies Act 2006, Section 44 – Court of Appeal decision

The Court of Appeal decided that where a corporate landlord or agent is completing certain statutory forms including a Section 8 Notice, such documents do not have to be ‘executed’ in accordance with the formalities set out in Section 44 of the Companies Act 2006.