Willowgreen Ltd v Smithers
Willowgreen Ltd v Smithers
- 1994
- Estates Gazette (1994) 20 EG 147-149(3) .
CA 1 December 1993. S, joint lessee of a flat with his mother, never living there himself, allowed his stepfather to stay after his mother`s death. After the disappearance of the stepfather, W claimed arrears of rent and service charges. The notice, and later a summons for possession, was addressed to S at the flat, which not being resident, he did not receive. W was granted possession and arrears in December 1990. S contested the order and appealed against a first decision not to set it aside. CA overturned the order agreeing with S that the summons had not been properly served, having gone to an address at which S was never present.
FORFEITURE
LAW OF PROPERTY ACT 1925 S146
LEASES
SERVING NOTICES
CA 1 December 1993. S, joint lessee of a flat with his mother, never living there himself, allowed his stepfather to stay after his mother`s death. After the disappearance of the stepfather, W claimed arrears of rent and service charges. The notice, and later a summons for possession, was addressed to S at the flat, which not being resident, he did not receive. W was granted possession and arrears in December 1990. S contested the order and appealed against a first decision not to set it aside. CA overturned the order agreeing with S that the summons had not been properly served, having gone to an address at which S was never present.
FORFEITURE
LAW OF PROPERTY ACT 1925 S146
LEASES
SERVING NOTICES