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McDonald and another v Fernandez and another

Series: Estates Gazette ; [2003] 42 EG 128-131(4)Publication details: 2003Subject(s): Online resources: Summary: [2003] EWCA Civil 1219, 19 July 2003. The appellant tenants (M) were granted a six-month assured tenancy by the respondent landlords (F) and remained thereafter as statutory periodic tenants from the fourth day of each month to the third day of the following month. F served a notice seeking possession on 4 January 2003. M contended that the notice was invalid for the purpose of the Housing Act 1988 s21(4) as it did not comply with the requirement that it should state that possession was required 'after a date specified in the notice, being the last day of a period of the tenancy' as 4 January 2003 was not the last day of a period of the tenancy. "Held" appeal allowed. S21(4) of the 1988 Act required the notice to specify a date that was the last day of a period of a tenancy, not the date upon which the landlord wanted possession. A s21(4) notice was not a notice to quit and "Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd UK", (HL, Abs57166) had no application. Viewjudgment at www.bailii.org.ukwebsite.
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS67273 (Browse shelf(Opens below)) 1 Available 124464-1001

[2003] EWCA Civil 1219, 19 July 2003. The appellant tenants (M) were granted a six-month assured tenancy by the respondent landlords (F) and remained thereafter as statutory periodic tenants from the fourth day of each month to the third day of the following month. F served a notice seeking possession on 4 January 2003. M contended that the notice was invalid for the purpose of the Housing Act 1988 s21(4) as it did not comply with the requirement that it should state that possession was required 'after a date specified in the notice, being the last day of a period of the tenancy' as 4 January 2003 was not the last day of a period of the tenancy. "Held" appeal allowed. S21(4) of the 1988 Act required the notice to specify a date that was the last day of a period of a tenancy, not the date upon which the landlord wanted possession. A s21(4) notice was not a notice to quit and "Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd UK", (HL, Abs57166) had no application. Viewjudgment at www.bailii.org.ukwebsite.