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Stephenson and Son v Orca Properties Ltd

Language: English Series: Estates Gazette ; (1989) 44 EG 81-90(5)Publication details: 1989Subject(s): Summary: ChD 11 May 1988 The tenants Stephenson and Son (S) sought a declaration that a notice by their landlords Orca Properties (O) given in pursuance of the rent review clause in S`s lease of office premises, was invalid . The lease was for a term of 21 years, but either party was allowed to give each other notice at the end of the 7th or 14th year of the term requiring a revision of the rent. On 28 June 1985 O sent a letter by recorded delivery to S requiring a rent review. It arrived at S`s offices on Saturday 29 June, but there was no one there to sign the receipt. The letter was eventually delivered against the signed receipt on Monday 1 July. It was common ground that the six months notice should have been given before midnight Sunday 30 June. The question before the ChD was whether, despite the fact that the notice was not delivered to S until 1 July, it must be deemed to have been given on 29 June. ChD held that it wasn`t and the notice was therefore out of time . ChD also held that
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Law report London Journal article ABS41711 (Browse shelf(Opens below)) 1 Available 31932-1001

ChD 11 May 1988 The tenants Stephenson and Son (S) sought a declaration that a notice by their landlords Orca Properties (O) given in pursuance of the rent review clause in S`s lease of office premises, was invalid . The lease was for a term of 21 years, but either party was allowed to give each other notice at the end of the 7th or 14th year of the term requiring a revision of the rent. On 28 June 1985 O sent a letter by recorded delivery to S requiring a rent review. It arrived at S`s offices on Saturday 29 June, but there was no one there to sign the receipt. The letter was eventually delivered against the signed receipt on Monday 1 July. It was common ground that the six months notice should have been given before midnight Sunday 30 June. The question before the ChD was whether, despite the fact that the notice was not delivered to S until 1 July, it must be deemed to have been given on 29 June. ChD held that it wasn`t and the notice was therefore out of time . ChD also held that