Herongrove Ltd v Wates City of London Properties
Herongrove Ltd v Wates City of London Properties
- 1988
- Estates Gazette (8824) 18 June 1988, 108-110(2) .
ChD 10 December 1987. Trial of preliminary issue relating to the validity of a notice served on the tenants (H), by the landlords (W), under the Landlord and Tenant Act 1954 s25 . The notice purported to determine H`s tenancy. The premises consisted of offices on the ninth floor, storage on two other floors and free car parking space. The notice, however, describing the property referred only to the ninth floor offices. It did not expressly refer to the two storage areas or parking spaces. H submitted that the notice was defective and void. W contended that a reasonably-minded tenant would know the terms of his lease and would not be misled. ChD rejected this contention, deciding that, in this case, a reasonably-minded tenant would not necessarily be free from doubt as to the scope of the notice; he may think that W`s intention was to take back the ninth floor accommodation for redevelopment , but not the car parking and storage space. Notice accordingly declared invalid.
BUSINESS TENANCIES
LONDON WALL
SECTION 25 NOTICES
TERMINATION
WINCHESTER HOUSE
ChD 10 December 1987. Trial of preliminary issue relating to the validity of a notice served on the tenants (H), by the landlords (W), under the Landlord and Tenant Act 1954 s25 . The notice purported to determine H`s tenancy. The premises consisted of offices on the ninth floor, storage on two other floors and free car parking space. The notice, however, describing the property referred only to the ninth floor offices. It did not expressly refer to the two storage areas or parking spaces. H submitted that the notice was defective and void. W contended that a reasonably-minded tenant would know the terms of his lease and would not be misled. ChD rejected this contention, deciding that, in this case, a reasonably-minded tenant would not necessarily be free from doubt as to the scope of the notice; he may think that W`s intention was to take back the ninth floor accommodation for redevelopment , but not the car parking and storage space. Notice accordingly declared invalid.
BUSINESS TENANCIES
LONDON WALL
SECTION 25 NOTICES
TERMINATION
WINCHESTER HOUSE