Source: All England Reporter
Publisher Citation: [2002] All ER (D) 434 (Mar)
Neutral Citation: [2002] EWCA Civ 424
Court: Court of Appeal, Civil Division

Kennedy, Mantell LJJ and Sir Swinton Thomas

Representation Jason Cox (instructed by Fraser Brown, Nottingham) for the landlord.
  Stanley Gallagher (instructed by Maclaren Britton, Nottingham) for the tenant.
Judgment Dates: 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).

The Case

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.

Practice Areas

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