13 January 2023
The mysterious case of the misidentified tenant is the subject of an NLJ article this week by Falcon Chambers barristers Caroline Shea KC & Thomas Rothwell.
The issue arose after a tenant farmer lawfully assigned his tenancy to a company but didn’t inform his landlord. His landlord then served notice to quit on him but not to his company. The farmer then disputed the validity of the notice.
The Court of Appeal took a strict approach, overturning the courts below. Shea & Rothwell cover the case and its implications for the future. They write the case ‘has provided useful clarification on the need to distinguish verbal from factual mistakes, and what the consequences of each kind of mistake might be’.
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