The tenant served two notices under the Act.
Held: The tenant’s application was out of time. If the first notice was valid, a later notice did not act to restart time running and the application for a new tenancy had to be begun within four months of the first.
Citations:
[1997] EWCA Civ 2863, [1998] 1 EGLR 63
Statutes:
Landlord and Tenant Act 1954 24(1)(b), Landlord and Tenant Act 1927 23
Jurisdiction:
England and Wales
Citing:
Cited – Chiswell v Griffon Land and Estates Ltd CA 1975
Megaw LJ said: ‘Section 23 of the Landlord and Tenant Act 1927 lays down the manner in which service of a notice can be effected. It is provided, as what I may call at any rate the primary means of effecting service, that it is to be done either by . .
Cited – Polyviou v Seeley 1980
The landlord served two notices under the 1954 Act.
Held: The tenant’s counter-notice was out of time. If the first notice was valid, a counter-notice served within four months of the second but not the first was out of time. . .
Cited by:
Cited – Beanby Estates Ltd v Egg Stores (Stamford Hill) Ltd ChD 9-May-2003
The landlord had served a notice under the 1954 Act. The tenant served a counter notice, but the question was whether he was late, or out of time.
Held: The combination of the various provisions meant that the landlord’s notice had irrevocably . .
Cited – C A Webber (Transport) Ltd v Railtrack plc CA 15-Jul-2003
A notice served under s25 of the 1954 Act, being sent by recorded delivery to the tenant at its place of abode, was irrebuttably deemed to have been served on the day it was posted. Section 23 of the 1927 Act operated to disapply section 7 of the . .
Cited – Commercial Union Life Assurance Co Ltd v Moustafa 1999
A landlord gave notice to the original lessees of business premises, under section 17 of the 1995 Act. It was sent by recorded delivery to the lessees’ last known residential address but was returned to the sender by the Royal Mail. Nevertheless the . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 19 August 2022; Ref: scu.143262