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

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


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

If you are a LexisLibrary subscriber you can read more about this case here.