Tenant’s appeal against order for possession. The question arose wheher a noice remained defective even where the information omitted was known to the tenant. Patten LJ said: ‘Relevance or materiality has to be assessed by reference to the purpose of the notice. But where the provision in the prescribed form is clearly part of the substance of the notice as found in Manel v Memon it is no answer to its omission to say that the information it conveys was well known to the tenant at the relevant time.’
Judges:
Rix, Stanley Burnton, Patten LJJ
Citations:
[2011] EWCA Civ 602, [2011] HLR 38
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Manel and Others v Memon CA 20-Apr-2000
A landlord gave notice to quit to a tenant subject to an assured shorthold tenancy.
Held: The notice did not include the instructions and advice required by the Regulations, and so could not be said to be substantially in the same form. The . .
Cited by:
Cited – Ayannuga v Swindells CA 6-Nov-2012
The tenant appealed against refusal of penalties impose for the non-securing of a tenants deposit. The deposit had been secured, and the court had found that the landlord had substantially complied with the notice requirements by matters in the . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 13 September 2022; Ref: scu.440118