The tenant had died, leaving his widow as his executrix. The notice to quit was given by leaving it at the house where he had lived during his lifetime, but there was no evidence of it having come into his widow’s hands. It was argued that this was not a legal notice to quit, that service at the house where the tenant lived was never sufficient, and that there had to be delivery to the tenant, his wife or a servant, with (in the case of a servant) evidence that the notice came into the tenant’s hands. The plaintiff asserted, relying on Jones d Griffiths v Marsh, 100 ER 1121, that the mere service of the notice at the house was sufficient.
Held: The plaintiff’s argument was rejected.
Lord Ellenborough LCJ said: ‘that case was different from this; in that case, the notice was delivered at the tenant’s dwelling house, and explained to the servant. The objection was then taken, that the servant was not called, who might have accounted for the notice, and stated whether it had been delivered or not; and that not being called, it was strong presumptive evidence, that her master had received the notice, and should be left to the jury: but here there was no such evidence offered. The tenant might be turned out of possession by a trick.’
Lord Ellenborough LCJ
[1807] EngR 28, (1803, 1806, 1807) 5 Esp 153, (1807) 170 ER 769 (B)
Commonlii
England and Wales
Citing:
Applied – Jones On The Demise of Griffiths v Marsh 21-Nov-1791
Where the tenant of an estate holden by the year has a dwelling-house at another place, the delivery of a notice to quit to his servant at the dwelling-house, is strong presumptive evidence that the master received the notice. . .
Cited by:
Cited – Newcastle Upon Tyne Hospitals NHS Foundation Trust v Haywood SC 25-Apr-2018
Notice of dismissal begins when received by worker
The court was asked: ‘If an employee is dismissed on written notice posted to his home address, when does the notice period begin to run? Is it when the letter would have been delivered in the ordinary course of post? Or when it was in fact . .
These lists may be incomplete.
Updated: 19 July 2021; Ref: scu.340199