||All England Reporter
|| All ER (D) 434 (Mar)
|| EWCA Civ 424
||Court of Appeal, Civil Division
Kennedy, Mantell LJJ and Sir Swinton Thomas
||Jason Cox (instructed by Fraser Brown, Nottingham) for the landlord.
||Stanley Gallagher (instructed by Maclaren Britton, Nottingham) for the tenant.
||27 March 2002
Landlord and tenant - Leasehold enfranchisement - Tenant's notice - Lease containing provision for not less than one month's notice to be given to require the term to cease - Whether tenancy to be treated as long tenancy - s 3(1).
Having regard to the main intention of the legislation which was that in general long tenancies at low rents should be enfranchisable but that certain types of tenancy should not suffer that fate, the proviso in s3(1)(b) of the 1967 Act had to be construed as prescribing the maximum length of any notice that might be given.
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