Take it one day at a time
Murdoch, S.
Take it one day at a time - 2003 - Estates Gazette (0342) 18 October 2003, 125 (1) .
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.
POSSESSION ORDERS
HOUSING ACT 1988 S21(4)
MANNAI INVESTMENT CO LTD V EAGLE STAR LIFE ASSURANCE CO LTD UK
MCDONALD AND ANOTHER V FERNANDEZ AND ANOTHER
STATUTORY PERIODIC TENANCIES
ASSURED SHORTHOLD TENANCIES
NOTICES
NOTICE TO QUIT
Take it one day at a time - 2003 - Estates Gazette (0342) 18 October 2003, 125 (1) .
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.
POSSESSION ORDERS
HOUSING ACT 1988 S21(4)
MANNAI INVESTMENT CO LTD V EAGLE STAR LIFE ASSURANCE CO LTD UK
MCDONALD AND ANOTHER V FERNANDEZ AND ANOTHER
STATUTORY PERIODIC TENANCIES
ASSURED SHORTHOLD TENANCIES
NOTICES
NOTICE TO QUIT