Hogg v Brooks: CA 25 Jun 1885

A lease of a shop contained a provision for the landlord to terminate the demise by delivering written notice to the tenant or his assigns. The lessee mortgaged the premises by way of underlease and disappeared. Written notice to determine the tenancy was sent to him at his last known address but returned without having reached him and he could not be found. Notice was also given to the mortgagee and the occupier of the premises.
Held: The landlord was not entitled to recover possession of the premises. The termination clause in the lease had to be construed according to the ordinary meaning of the English language. There were no assigns of the tenant, so notice could only be given by serving it on the tenant himself and it had not been served on him.
(1885) 15 QBD 256, [1885] UKLawRpKQB 110
England and Wales
Cited by:
CitedNewcastle 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.666011