Reconciling contractual and statutory provisions
Perusing a draft lease? Well there may be another item to add to that ever-expanding check list: the notice service provisions. Those familiar words may look like a copy and paste from section 196 of the Law of Property Act, but appearances can be deceptive – as a business tenant found out, to his cost, in Blunden v Frogmore Investments Ltd [2002] EWCA Civ 573; [2002] 2 EGLR 29.
Underlying the decision of the Court of Appeal (which also considered the effect of section 23(1) of the Landlord and Tenant Act 1927) is the presumed intention of parliament to spare the notice-giver the task of proving that the message actually got into the recipient’s head.
Related item:
Reconciling contractual and statutory provisions
Perusing a draft lease? Well there may be another item to add to that ever-expanding check list: the notice service provisions. Those familiar words may look like a copy and paste from section 196 of the Law of Property Act, but appearances can be deceptive – as a business tenant found out, to his cost, in Blunden v Frogmore Investments Ltd [2002] EWCA Civ 573; [2002] 2 EGLR 29.
Underlying the decision of the Court of Appeal (which also considered the effect of section 23(1) of the Landlord and Tenant Act 1927) is the presumed intention of parliament to spare the notice-giver the task of proving that the message actually got into the recipient’s head.
Related item: Threefold service wins out, Estates Gazette, 10 August 2002, p85, by John Murdoch.
