Source: All England Reporter
Publisher Citation: [2002] All ER (D) 462 (Oct)
Neutral Citation: [2002] EWCA Civ 1513
Court: Court of Appeal, Civil Division
Judge:

Mummery and Jonathan Parker LJJ

Representation Edward Cole (instructed by Nabarro Nathanson, Sheffield) for the claimant.
  Paul Chaisty QC (instructed by Wacks Caller, Manchester) for the defendant.
Judgment Dates: 18 October 2002

Catchwords

Landlord and tenant - Lease - Notice - Effective notice - Validity of notice to end lease - Ambiguity - Meaning of notice clear to any reasonable recipient.

The Case

In determining the validity of a notice given to a tenant under the terms of a lease, the judge had been right to ask himself whether the meaning of the notices would be quite clear to a reasonable tenant reading them, but had answered that question incorrectly as it would have been quite clear to a reasonable tenant reading the notice that it expired on the date which was expressed 'for the avoidance of all doubt'.

Practice Areas

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