A notice to pay rent which demands a greater sum than that which is actually due will be invalid. The action for recovery of possession is based on the failure to comply with the demand, not the fact of arrears. The purpose of the notice is to tell the tenant precisely what he must do in order to avoid the loss of his tenancy.
Citations:
[1984] 1 EGLR 12
Statutes:
Agricultural Holdings (Notice to Quit) Act 1977 Case D
Jurisdiction:
England and Wales
Cited by:
Cited – Mason v Boscawen ChD 18-Dec-2008
The landlord had opted to charge VAT on part of the rent. The tenant fell into arrears and now challenged a notice to quit which included the VAT. The court was asked what constituted ‘rent’ for the purposes of a demand for rent founding a notice to . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 10 May 2022; Ref: scu.279099