The question was whether under the a notice to avoid disclaimer given by the landlord under the Act, requiring the tenant to retain the lease on the terms set out in section 10, was invalid because section 10 was irrelevant and by mistake inserted for section 11.
Held: The notice was good. Lord Greene MR said: ‘Reading this document as a whole, it seems to me perfectly manifest that a person who received it, and who had that familiarity with the provisions of the Act which a recipient of such a document must be presumed to have, could not possibly be under any illusion as to what it was intended to be and what its legal consequences were.’
Judges:
Lord Greene MR
Citations:
[1942] 1 All ER 453
Statutes:
Landlord and Tenant (War Damage) Act 1939
Jurisdiction:
England and Wales
Cited by:
Cited – Mannai Investment Co Ltd v Eagle Star Assurance HL 21-May-1997
Minor Irregularity in Break Notice Not Fatal
Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 20 April 2022; Ref: scu.185089