The landlord appealed a finding of the county court that a notice of assured shorthold tenancy needed to be served on the tenant personally. Here the notice had been served on the proposed tenant’s solicitors.
Held: Though Galinski applied to a different procedure the analogy was appropriate. Service on the tenant’s solicitors was adequate. Proceedings had been commenced anticipating no dispute as to fact. Once it became clear that there was such a dispute, the court should have expressly stated that it was to be treated as if it had never been allocated to fast track, and that it should accordingly proceed as a multi-track case, and an appeal would be to the High Court and not to the Court of Appeal.
Judges:
Lloyd J
Citations:
Times 29-Aug-2002
Statutes:
Housing Act 1988 20, Civil Procedure Rules Part 8, Access to Justice Act 1999 (Destination of Appeals) Order 2000 (2000 No 1071) 4
Jurisdiction:
England and Wales
Citing:
Cited – Galinski v McHugh 5-Oct-1988
A landlord’s notice under section 4 of the Landlord and Tenant Act 1954 had been served on the tenant’s solicitors, who had confirmed that they had authority to accept service. Later the tenant challenged the validity of the service.
Held: . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Housing, Civil Procedure Rules
Updated: 21 June 2022; Ref: scu.174753