Take it one day at a time
Series: Estates Gazette ; (0342) 18 October 2003, 125 (1)Publication details: 2003Subject(s): Summary: All Housing Act tenancies, whether fixed-term or periodic, are now automatically assured shorthold tenancies. Landlords can regain possession simply by giving two months' notice rather than proving a statutory ground for possession. The recent CA decision "McDonald and another v Fernandez and another" ([2003] EWCA 1219 Civ, Abs67273) demonstrates that statutory notice requirements under the Housing Act 1988 s21(4) are not entirely straightforward. Statutory notice requirements affecting assured shorthold tenancies differ for fixed-term and periodic tenancies. Where the tenancy is periodic, the notice must state a date after which possession will be required and that date must be the last date of a period of a tenancy and at least two months after the giving of the notice. The landlord's contention that the principle expressed in "Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd UK",(HL, Abs57166) that it would not have misled a reasonable recipient, made the notice valid still, was rejected.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS67274 (Browse shelf(Opens below)) | 1 | Available | 124465-1001 |
All Housing Act tenancies, whether fixed-term or periodic, are now automatically assured shorthold tenancies. Landlords can regain possession simply by giving two months' notice rather than proving a statutory ground for possession. The recent CA decision "McDonald and another v Fernandez and another" ([2003] EWCA 1219 Civ, Abs67273) demonstrates that statutory notice requirements under the Housing Act 1988 s21(4) are not entirely straightforward. Statutory notice requirements affecting assured shorthold tenancies differ for fixed-term and periodic tenancies. Where the tenancy is periodic, the notice must state a date after which possession will be required and that date must be the last date of a period of a tenancy and at least two months after the giving of the notice. The landlord's contention that the principle expressed in "Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd UK",(HL, Abs57166) that it would not have misled a reasonable recipient, made the notice valid still, was rejected.