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Pennell v Payne and another

Language: English Series: Estates Gazette ; 1995 06 EG 152-155(4)Publication details: 1995Subject(s): Summary: CA 25 November 1994. Appeal against CC refusing tenant`s appeal to set aside an arbitrator`s award over validity of a notice to quit. The appeal raises the question of where a headtenant serves an upwards notice to quit is the landlord thereupon entitled to possession against a subtenant irrespective of whether that subtenancy was granted within the terms of the headlease. Appeal allowed. "Brown v Wilson" 1949 overruled.

CA 25 November 1994. Appeal against CC refusing tenant`s appeal to set aside an arbitrator`s award over validity of a notice to quit. The appeal raises the question of where a headtenant serves an upwards notice to quit is the landlord thereupon entitled to possession against a subtenant irrespective of whether that subtenancy was granted within the terms of the headlease. Appeal allowed. "Brown v Wilson" 1949 overruled.