header-logo header-logo

13 January 2023 / Caroline Shea KC , Thomas Rothwell
Issue: 8008 / Categories: Features , Property , Landlord&tenant
printer mail-detail

Guess who? Serving notice to the right recipient

106315
The incurable case of the misidentified tenant: Caroline Shea KC & Thomas Rothwell consider a decision of the Court of Appeal on incorrectly addressed notices
  • In OG Thomas Amaethyddiaeth Cyf and another v Turner and others, the Court of Appeal has ruled that for a notice to quit to be valid, it is a fundamental requirement of the common law that notice is given to the tenant.
  • This implies that a notice addressed to A and received by A cannot be regarded as being a notice given to B, even if A knows that B would have been the correct recipient of it.

Landlord and tenant practitioners will be fully familiar with scrutinising property notices for their substantive validity. Where a notice contains an error, they will also routinely grasp for the ‘reasonable recipient’ test laid down in the well-known case of Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] AC 749.

In last year’s decision

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll