Pennycook v Shaws (EAL) Ltd
Pennycook v Shaws (EAL) Ltd
- 2003
- Weekly Law Reports [2003] 2 WLR 1265-1273(9) .
[2002] EWHC 2769 (Ch), 29 November 2003. Landlord (S) issued notices to tenant (P) under Landlord and Tenant Act 1954 s25 terminating tenancy of business premises. P served a positive counternotice in error indicating that he would be willing to give up possession. P sought to remedy his error by serving a negative counternotice within the statutory two-month period. County Court struck out P's application for a renewal of the tenancy on the grounds that once a positive counternotice had been served, it was binding on appeal. High Court overturned County Court ruling on the grounds that the notification requirement in s29(2) of the 1954 Act had been satisfied. Appeal allowed.
SHAWS (EAL) LTD V PENNYCOOK
LANDLORD AND TENANT ACT 1954
SECTION 25 NOTICES
COUNTERNOTICES
SECURITY OF TENURE
TERMINATION OF TENANCIES
[2002] EWHC 2769 (Ch), 29 November 2003. Landlord (S) issued notices to tenant (P) under Landlord and Tenant Act 1954 s25 terminating tenancy of business premises. P served a positive counternotice in error indicating that he would be willing to give up possession. P sought to remedy his error by serving a negative counternotice within the statutory two-month period. County Court struck out P's application for a renewal of the tenancy on the grounds that once a positive counternotice had been served, it was binding on appeal. High Court overturned County Court ruling on the grounds that the notification requirement in s29(2) of the 1954 Act had been satisfied. Appeal allowed.
SHAWS (EAL) LTD V PENNYCOOK
LANDLORD AND TENANT ACT 1954
SECTION 25 NOTICES
COUNTERNOTICES
SECURITY OF TENURE
TERMINATION OF TENANCIES