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Property law update

31 March 2011 / Tamsin Cox , Edward Peters KC
Issue: 7459 / Categories: Features , Landlord&tenant , Property
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Edward Peters & Tamsin Cox discuss inadvertent acceptance, disputed boundaries & consultation requirements

The importance of ensuring that notices required both by contract and under statute are correctly drafted and served is well known to property practitioners, since the consequences of a failed attempt to give notice can be extremely damaging. The recent decision of Peter Smith J in MW Trustees Limited v Telular Corporation [2011] EWHC 104 (Ch), [2011] All ER (D) 99 (Feb), however, highlights that the response of the recipient of such a notice can assume equal importance.

The claimant landlords (M) sought a declaration that the defendant tenant (T) had failed properly to exercise a break clause in its lease. The clause could be exercised by the tenant giving to the landlord not less than six months’ written notice. There was also a clause prescribing specific methods of service, and indicating that a notice would be valid only if those methods were used.

T initially sent a notice in accordance with those service provisions, but it

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