Tenant's counter-notice - validity issues: Lancecrest Ltd v Ganiyu Asiwaju
Tenant's counter-notice - validity issues: Lancecrest Ltd v Ganiyu Asiwaju
- 2005
- Commercial Leases 19(4) April 2005, 973-975(3) .
Discusses the issues raised in the case, "Lancecrest Ltd v Ganiyu Asiwaju" ([2005] EWCA Civ 117): whether time is of the essence in a landlord serving a notice to trigger a rent review and whether a letter sent by the tenant in response to the notice was sufficient counter-notice. It was decided that time was not of the essence in regards to the trigger notice but was of the essence for the counter-notice. The letter sent by the tenant was held to be a valid counter-notice.
LANCECREST LTD V GANIYU ASIWAJU
Discusses the issues raised in the case, "Lancecrest Ltd v Ganiyu Asiwaju" ([2005] EWCA Civ 117): whether time is of the essence in a landlord serving a notice to trigger a rent review and whether a letter sent by the tenant in response to the notice was sufficient counter-notice. It was decided that time was not of the essence in regards to the trigger notice but was of the essence for the counter-notice. The letter sent by the tenant was held to be a valid counter-notice.
LANCECREST LTD V GANIYU ASIWAJU