References: [1997] EWCA Civ 2863, [1998] 1 EGLR 63
Links: Bailii
Ratio: The tenant served two notices under the Act.
Held: The tenant’s application was out of time. If the first notice was valid, a later notice did not act to restart time running and the application for a new tenancy had to be begun within four months of the first.
Statutes: Landlord and Tenant Act 1954 24(1)(b), Landlord and Tenant Act 1927 23
This case cites:
- Cited – Chiswell v Griffon Land and Estates Ltd CA ([1975] 1 WLR 1181)
Megaw LJ said: ‘Section 23 of the Landlord and Tenant Act 1927 lays down the manner in which service of a notice can be effected. It is provided, as what I may call at any rate the primary means of effecting service, that it is to be done either by . . - Cited – Polyviou v Seeley ([1980] 1 WLR 55)
The landlord served two notices under the 1954 Act.
Held: The tenant’s counter-notice was out of time. If the first notice was valid, a counter-notice served within four months of the second but not the first was out of time. . .
(This list may be incomplete)
This case is cited by:
- Cited – Beanby Estates Ltd v Egg Stores (Stamford Hill) Ltd ChD (Times 15-May-03, Gazette 03-Jul-03, [2003] 21 EG 190)
The landlord had served a notice under the 1954 Act. The tenant served a counter notice, but the question was whether he was late, or out of time.
Held: The combination of the various provisions meant that the landlord’s notice had irrevocably . . - Cited – C A Webber (Transport) Ltd v Railtrack plc CA (Times 05-Aug-03)
A notice served under s25 of the 1954 Act, being sent by recorded delivery to the tenant at its place of abode, was irrebuttably deemed to have been served on the day it was posted. Section 23 of the 1927 Act operated to disapply section 7 of the . . - Cited – Commercial Union Life Assurance Co Ltd v Moustafa ([1999] 2 EGLR 44)
A landlord gave notice to the original lessees of business premises, under section 17 of the 1995 Act. It was sent by recorded delivery to the lessees’ last known residential address but was returned to the sender by the Royal Mail. Nevertheless the . .
(This list may be incomplete)
Last Update: 24 October 2018
Ref: 143262
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