No Break if Wrong Party Served

A recent case highlights the importance of making sure that procedural issues are dealt with correctly in the giving of formal notices.

When a tenant wished to terminate its lease, it served the relevant notice on the landlord. At least, that is what it thought it had done. The problem was that although the lease stipulated that the notice had to be served on the landlord, the property had been sold during the currency of the lease, so there was a new landlord.

The tenant considered that the notice had to be served on its original landlord as named in the lease. The new landlord considered that the notice was invalid because it had not been served on it. Judge Lewison agreed with the landlord. The previous landlord would have no interest in examining the notice, nor in communicating it to the new landlord.

The tenant had to give the notice to the current owner and the break notice was therefore invalid.

Problems such as this are easily avoidable if professional advice is taken.

Contact Clare Magill on 01752 292354 for assistance in all tenancy matters.

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