The claimant landlord had sought to assert that the let was an assured shorthold tenancy. On a rehearing, the tenant said no notice had been served under section 20. The landlord also now asserted non-payment of rent.
Held: A notice which was invalid for the purposes for which it was sent might still fulfil some other function. The landlord’s notice was sufficient. The court should then have considered as regards the claim of late payment of rent whether it was reasonable to make an order for possesson, the tenant being, by virtue of a late payment now in credit. There was no reason to interfere with what was an exercise of discretion by the judge. Appeal dismissed.
Judges:
Judge, May LJJ
Citations:
[1999] EWCA Civ 1402, [1999] 2 EGLR 13
Statutes:
Landlord and Tenant Act 1987 48(1), Housing Act 1988 7(4)
Jurisdiction:
England and Wales
Citing:
Cited – Dallhold Estates (UK) Pty Ltd (In Administration) v Lindsey Trading Props Inc CA 15-Dec-1993
The landlord is to provide a service address if an agricultural tenancy includes a dwelling, but relief from the consequences of non compliance with section 48(1) may be obtained by service of an appropriate notice. Immaterial misdescriptions or . .
Cited – Rogan v Woodfield Building Services Ltd CA 10-Aug-1994
The duty placed on a Landlord by the section is to give to the tenant a notice of an address for service for the landlord in writing. Stuart Smith LJ said: ‘what the section requires is that the tenant is told, so that he knows, the landlord’s name . .
Cited – Marath and Another v MacGillivray CA 5-Feb-1996
A landlord’s notice to the effect that ‘3 month’s rent due’ was a sufficiently precise demand to allow the tenant to know the nature of his default, and the notice was valid. the relevant notice said: ‘Signed: RM If signed by agent, name and address . .
See Also – Morgan v Hamid-Zadeh CA 15-Sep-1998
. .
Lists of cited by and citing cases may be incomplete.
Housing, Landlord and Tenant
Updated: 09 December 2022; Ref: scu.146317
