The landlord served a notice to quit. It gave a date calculated by reference to the notice period, but then stated the date on which it expired. Under the rule in Lester, the notice period only began on the day after service, and that resulted in a different date for termination. The landlord appealed a decision that it was ineffective as ambiguous.
Held: The court had to find the true meaning of the notice, which would in turn carry the meaning which a reasonable reader would apply. Here the length of notice was greater than required, and by stating the date, the notice had been clear and effective. The rule in Lester did not apply, but would have done if only the minimum had been given, or if there had been an unqualified reference to the time period.
Judges:
Lords Justice Mummery and Jonathan Parker
Citations:
Gazette 07-Nov-2002, [2002] EWCA Civ 1513
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Lester v Garland 8-Aug-1808
Bequest of residue in trust in case A shall within six months after testator’s decease give security not to marry B then and not otherwise to pay to the children of A; with a proviso to go over if she shall refuse or neglect to give such security. A . .
Applied – 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 . .
Cited – Speedwell Estates Limited and Covent Garden Group Limited v Jane Rush Dalziel and others CA 31-Jul-2001
Tenants sought to purchase the freehold reversion of their properties under leasehold enfranchisement. The landlord objected that the forms were incomplete and invalid. The tenants accepted that there were defects, but asserted that these were not . .
Cited – Burman v Mount Cook Land Ltd CA 20-Nov-2001
The tenant occupied a flat under a long lease at a low rent. She was entitled to acquire the freehold on payment of a premium and after following the procedure under the Act. The landlord served a purported counter notice which did not state in . .
Distinguished – Dodds v Walker HL 1981
The landlord served his notice to determine the tenancy on the last day of a 30 day month. The tenant served his counternotice on the 31st day of the month four months later.
Held: Dismissing the tenant’s appeal, the House found that the court . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 13 October 2022; Ref: scu.177945
