Galinski v McHugh
Language: English Series: Estates Gazette ; (1989) 05 EG 89-94(4)Publication details: 1989Subject(s): Summary: CA 5 October 1988. Appeal by tenant (M) from cc decision holding that a notice served by the landlord (G) on the solicitors acting for M, was validly served. M had made a claim for enfranchisement under the Leasehold Reform Act 1967 , but failed to complete within the time-scale set down. This gave G the right to serve a notice under the Landlord and Tenant Act 1954 s4 proposing a statutory tenancy . The notice was served on M`s solicitors, rather than on M. The effect of the s4 notice, if good, was to allow M two months to give formal notice of a claim to enfranchise. No claim was made. The point at issue was whether service of the s4 notice on M`s solicitors was good. M contended that the notice had not been properly served, relying on the provisions of the Landlord and Tenant Act 1927 s23 and concluding that a notice on the tenant could not validly be served on his agent. In any case M claimed that he did not receive the notice. CA held, affirming the cc decision that the notice w| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS40364 (Browse shelf(Opens below)) | 1 | Available | 23317-1001 |
CA 5 October 1988. Appeal by tenant (M) from cc decision holding that a notice served by the landlord (G) on the solicitors acting for M, was validly served. M had made a claim for enfranchisement under the Leasehold Reform Act 1967 , but failed to complete within the time-scale set down. This gave G the right to serve a notice under the Landlord and Tenant Act 1954 s4 proposing a statutory tenancy . The notice was served on M`s solicitors, rather than on M. The effect of the s4 notice, if good, was to allow M two months to give formal notice of a claim to enfranchise. No claim was made. The point at issue was whether service of the s4 notice on M`s solicitors was good. M contended that the notice had not been properly served, relying on the provisions of the Landlord and Tenant Act 1927 s23 and concluding that a notice on the tenant could not validly be served on his agent. In any case M claimed that he did not receive the notice. CA held, affirming the cc decision that the notice w