Stradbroke (Earl of) v Mitchell
Stradbroke (Earl of) v Mitchell
- 1989
- Estates Gazette (1989) 49 EG 59-64(5) .
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.
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.