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 called The Bricklayer’s Arms; indeed there was no public house in Limehouse called The Waterman’s Arms.
Held: The ambiguity could be resolved in favour of the landlord. lThe notice was held effective in respect of the tenancy of The Bricklayer’s Arms, the case being treated as one of latent ambiguity.
Citations:
(1803) 4 Esp 185
Jurisdiction:
England and Wales
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 . .
Cited – Cadby v Martinez 1840
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 . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 06 December 2022; Ref: scu.185081
