The landlord served a notice to terminate the tenancy. The tenant served a notice to say that he did want a new tenancy, but the law then changed and he purported to withdraw his notice, and gave up possession claiming compensation for improvements. The landlord said he had already become entitled to possession.
Held: The landlord had become entitled to an indefeasible right to possession before the change in law came into effect, and therefore no claim for compensation based upon the new law could apply.
Brightman J said: ‘it is a necessary implication from section 25(5) that a tenant is under a statutory obligation to serve notice one way or the other within the two month period, although I accept that there is no sanction imposed on him for ignoring that obligation, except his inability to apply to the court.’ Once served, the tenant’s counter-notice was irrevocable.
Judges:
Brightman J
Citations:
[1971] Ch 935
Statutes:
Landlord and Tenant Act 1954 25(5)
Jurisdiction:
England and Wales
Cited by:
Doubted – Pennycook v Shaws (EAL) Ltd ChD 28-Nov-2002
The landlord served a notice to terminate the tenancy. By mistake the tenant’s solicitors served a counter-notice that their client did not wish to renew. Realising their mistake, they served a second counter-notice, purporting to revoke the first. . .
Cited – Shaws (EAL) Ltd v Pennycook CA 2-Feb-2004
Tenant’s First Notice to terminate, stood
The landlord served a notice to terminate the business lease. The tenant first served a notice to say that it would not seek a new lease, but then, and still within the time limit, it served a second counter-notice seeking a new tenancy. The . .
Cited – Baglarbasi v Deedmethod Ltd ChD 1991
A counter notice under the Act, once given was irrevocable. Once a positive counter notice was served, the landlord could proceed on the basis that the tenant was willing to give up possession. . .
Cited – Bridgers and Hamptons Residential v Stanford CA 1991
The court considered a notice which did not comply with section 25 in several respects. One defect was that it did not comply with 25(5) since it only required the tenants to notify the landlord if they were not willing to give up possession: it . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 29 April 2022; Ref: scu.183336
