Sanghera v Osagiede

Sanghera v Osagiede (Dartford County Court, Nov 2023), clearly shows how costly a simple mistake can be.

The owner thought they’d done everything correctly but the court disagreed… and the whole possession claim was thrown out.

The owner in this case had served a Section 21 notice – the ‘no fault’ route to gaining possession of a property. They provided a copy of the How to Rent guide, which is legally required to make the notice valid. It was signed for by the residents, attached to the claim form, and everything seemed in order.

But the guide they provided was dated 29 July 2019. And the tenancy started on 19 June 2019.

The court took one look and ruled: this version didn’t exist at the time. It couldn’t have been given on that date.

As a result, the notice was invalid and the owner lost their right to possession. This wasn’t a one-off admin error. In 2019 alone, the Government issued multiple versions of the How to Rent guide, all within a few weeks of each other:

• 31 May 2019 – Updated to reflect the Tenant Fees Act
• 3 June 2019 – Corrected an agent accreditation body’s name
• 29 July 2019 – Changed a single word in a sentence (yes, that small!) – (“You can ask Shelter for help” → “You can ask Shelter for advice”)

To make things more confusing, each version was labelled “v.4” – so unless you were really paying attention, you’d have no idea a change had even happened. But to the court? That detail mattered.

A misdated guide = invalid notice = no possession.

Why email didn’t save the day

Later, the owner tried to rely on an email sent in August 2019 – which did include the correct version of the guide. But since the tenancy agreement did not allow service of notices by email it was too late, the court ruled the guide had never been validly served and the Section 21 notice failed.

Painfully precise – and a warning to all owners

It’s worth saying again:

This wasn’t a rogue landlord. This wasn’t an intentionally bad practice.

This was a tiny, technical misstep and it was enough to lose a possession claim completely.

This case should be a huge warning to owners who self-manage or work with agents who aren’t lettings specialists. Without up-to-date knowledge of every small change in legislation or procedure, it’s all too easy to get caught out.

But isn’t Section 21 being abolished?

Yes, it is. Section 21 ‘no fault’ evictions are set to be scrapped under the Renters’ Rights Bill. But that doesn’t make this any less relevant.

In fact, it makes it even more important to get your paperwork in order. Why? Because once Section 21 goes, most owners will have to rely on Section 8 to regain possession – which is even more complex and evidence-based.

Serving a valid Section 8 notice will require:

• The right tenancy agreement terms
• Proof of compliance (EPC, gas safety, How to Rent, deposit protection)
• Valid rent records and grounds for possession
• And yes, still the correct version of the How to Rent guide

The Government is tightening compliance, not relaxing it. So if it’s this easy to get it wrong now, it will be even easier in future.

So, what can you do?

This is exactly why so many owners choose to work with us. At Maxine Lester, we don’t just manage lettings – we specialise in them. That means:

• We track every version of every legally required document
• We maintain a digital archive of every version ever released
• We make sure notices are legally compliant, every single time
• We handle delivery by the right method, and keep proof
• We know which version of the How to Rent guide was valid on any given date

So when an owner comes to us and says, “I might need to serve notice,” we can say with confidence:
Yes – you’re fully covered. Here’s the evidence. Here’s the timeline. You’re protected.

Back in 2019, when the How to Rent guide changed three times in eight weeks, we acted fast. We reissued the correct version to every affected resident. We updated our compliance process immediately. And none of our Owners were caught out. That’s the difference when you work with lettings specialists.

What this means for you – and why it matters now

If you’re self-managing, or using an agent who dabbles in lettings without keeping up with legal updates, you’re exposed to serious risk.

• A missed document = invalid notice
• An incorrect delivery method = court dismissal
• A failed claim = months of delay, lost rent, and legal costs

Ready to make sure your paperwork is spot on?

If you’re not 100% sure your tenancy agreement or documentation is compliant, let us help.

We’re offering a FREE compliance review for local owners – we’ll check your paperwork, highlight any risks, and show you exactly what needs to be updated (if anything).

Book your compliance review here.