B Osborn and Co Ltd v Dior; Marito Holdings SA v Deneche (Record no. 72209)

MARC details
000 -LEADER
fixed length control field 02695cam a2200265 4500
001 - CONTROL NUMBER
control field X121504
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 030304n2003 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u121504
245 ## - TITLE STATEMENT
Title B Osborn and Co Ltd v Dior; Marito Holdings SA v Deneche
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2003
490 ## - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation [2003] 05 EG 144 (CS) (1)
490 ## - SERIES STATEMENT
Series statement Commercial Leases
Volume/sequential designation 17(2) February 2003, 712-713(3)
520 ## - SUMMARY, ETC.
Summary, etc. CA, 22 January 2002. Respondent landlords in both cases claimed possession of flats occupied by appellant tenants on the ground that the tenants held assured shorthold tenancies. The tenants claimed that their tenancies were fully assured as no form 7 notice (as prescribed by the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1988) had been served on them before their tenancies began, as required by the Housing Act 1988 s20. Both tenants argued that their form 7 notices had been invalid because in the first case the landlord's name had been omitted from the relevant box on the form; in the second case because the wrong name and address had been given for the landlord. In both cases, the name and address of the landlord's agent had been given. Judgment in both cases found the notices to be valid. In the first case, comparison with a fully assured tenancy was made where no obligation to give the landlord's name and address exists, and form 7 was deemed to be ambiguous in respect of whether a landlord's name and address has to be given, where the landlord's agent had signed for the landlord. In the second case, the tenant was judged not to have been prejudiced by the error as the agent's details were given. Both tenants appealed. "Held", appeals were dismissed. Both notices were valid, one judge dissenting in respect of the notice in the second case. Although form 7, correctly read, required the details of both agent and landlord to be given, an omission of the landlord's details would not invalidate the purpose of a s20 notice, namely to inform the tenant before entering a tenancy of the special nature of an assured shorthold tenancy and its limited security of tenure. The same criterion applies in the second case where the wrong details were given for the landlord.
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ASSURED SHORTHOLD TENANCIES
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOUSING ACT 1988 S20(2)(D)
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RAVENSEFT PROPERTIES LTD V HALL
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MANEL V MEMON
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element POSSESSION
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element B OSBORN AND CO LTD V DIOR
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MARITO HOLDINGS SA V DENECHE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element FORM 7 NOTICES
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ASSURED TENANCIES AND AGRICULTURAL OCCUPANCIES (FORMS) REGULATIONS 1988
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element LANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
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    Dewey Decimal Classification     London London Journal article 04/03/2003   X121504 121504-1001 06/08/2019 1 06/08/2019 Law report