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Stradbroke (Earl of) v Mitchell

Language: English Series: Estates Gazette ; (1989) 49 EG 59-64(5)Publication details: 1989Subject(s): Summary: ChD 14 July 1989. The landlord (S) served notice on the tenant of two farms (M) to quit and deliver up possession as from 11 October 1989. S contended that no counternotice requiring arbitration had been served; M contended that the notice to quit was not a valid notice. S sought a declaration that the tenancy would duly determine; M sought a declaration that a valid notice requiring arbitration had been given and an injunction restraining S from enforcing the notice to quit. The matter was concluded in favour of M, that the notice to quit was fraudulent; there was evidence that S knew that M was not in breach of the tenancy.
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Law report London Journal article ABS41869 (Browse shelf(Opens below)) 1 Available 33121-1001

ChD 14 July 1989. The landlord (S) served notice on the tenant of two farms (M) to quit and deliver up possession as from 11 October 1989. S contended that no counternotice requiring arbitration had been served; M contended that the notice to quit was not a valid notice. S sought a declaration that the tenancy would duly determine; M sought a declaration that a valid notice requiring arbitration had been given and an injunction restraining S from enforcing the notice to quit. The matter was concluded in favour of M, that the notice to quit was fraudulent; there was evidence that S knew that M was not in breach of the tenancy.