The Court dismissed an appeal from a decision to dispense with notice under the section. A notice to quit had been served and a summons for possession issued with an appendix containing details of the allegations of breach of the tenancy agreement and nuisance.Only much later was an application was made to dismiss the proceedings on the grounds that the notice did not comply with section 8. The judge ruled that the particulars in the notice were inadequate but dispensed with the need for a notice under section 8(1)(b). In considering the words ‘just and equitable’ the court referred to judgments considering those same words in the context of the Rent Act 1977, which emphasised the necessity to ‘consider all the circumstances’. Every case will depend upon its own facts and the pleaded ground or grounds relied on in the notice. The court must take all the circumstances into account, both from the view of the landlord and the tenant, and decide whether it is just and equitable to dispense with the required particulars.
Judges:
Aldous LJ, Butler-Sloss LJ
Citations:
Times 08-Aug-1995, Ind Summary 28-Aug-1995, (1995) 28 HLR 270
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Knowsley Housing Trust v Revell; Helena Housing Ltd v Curtis CA 9-Apr-2003
The local authority landlord commenced proceedings for possession, but then transferred the properties to a registered social landlord. The tenants objected that the new landlords could not continue the proceedings.
Held: The transfer moved . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Housing
Updated: 20 December 2022; Ref: scu.82720