A clause in his lease allowed the tenant to determine it by notice expiring on Michaelmas day 1837. The tenant mistakenly gave notice to quit and deliver up the premises on 24 June 1837. The notice was expressed to be ‘agreeably to the covenants of the lease.’
Held: The notice was not effective to determine the lease. ‘The covenant to pay rent during the whole term cannot be got rid of by any notice to quit which is not in accordance with the proviso introduced into the lease for the purpose.’ and ‘The cases that seemed to point the other way merely shew that, where there is no covenant, a notice describing the premises, so as to be perfectly understood between the parties, will be sufficient: but in none has a proviso or covenant in a deed been held to be satisfied by a notice inconsistent with the terms of it.’
Judges:
Lord Denman CJ
Citations:
(1840) 11 Ad and EI 720
Citing:
Cited – Doe d Cox v Roe 1803
The landlord of a public house in Limehouse gave notice to quit ‘the premises which you hold of me . . . commonly called or known by the name of The Waterman’s Arms.’ However, the only property let by the landlord to the tenant was a public house . .
Cited by:
Cited – Mannai Investment Co Ltd v Eagle Star Assurance HL 21-May-1997
Minor Irregularity in Break Notice Not Fatal
Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 29 April 2022; Ref: scu.185077
