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. The second notice was still within the two-month limit from the landlords section 25 notice. They now appealed an order that the first notice stood.
Held: The judge had not properly considered the circumstances. Where the landlord had not acted to his detriment on the tenant’s first counter notice, a court was free to accept a second notice ‘duly’ given.
Pumfrey J
Times 09-Dec-2002, Gazette 19-Dec-2002, [2003] 45 EG 176, [2002] EWHC 2769 (Ch)
Bailii
Landlord and Tenant Act 1954 Part II
England and Wales
Citing:
Doubted – In re 14 Grafton Street London W1 ChD 1971
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. . .
Cited by:
Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 05 December 2021; Ref: scu.178364