header-logo header-logo

Property law update

31 March 2011 / Tamsin Cox , Edward Peters KC
Issue: 7459 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Edward Peters & Tamsin Cox discuss inadvertent acceptance, disputed boundaries & consultation requirements

The importance of ensuring that notices required both by contract and under statute are correctly drafted and served is well known to property practitioners, since the consequences of a failed attempt to give notice can be extremely damaging. The recent decision of Peter Smith J in MW Trustees Limited v Telular Corporation [2011] EWHC 104 (Ch), [2011] All ER (D) 99 (Feb), however, highlights that the response of the recipient of such a notice can assume equal importance.

The claimant landlords (M) sought a declaration that the defendant tenant (T) had failed properly to exercise a break clause in its lease. The clause could be exercised by the tenant giving to the landlord not less than six months’ written notice. There was also a clause prescribing specific methods of service, and indicating that a notice would be valid only if those methods were used.

T initially sent a notice in accordance with those service provisions, but it was addressed to and served on M’s predecessor in title,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll