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Tenant's counter-notice - validity issues: Lancecrest Ltd v Ganiyu Asiwaju

Language: English Series: Commercial Leases ; 19(4) April 2005, 973-975(3)Publication details: 2005Subject(s): Summary: Discusses the issues raised in the case, "Lancecrest Ltd v Ganiyu Asiwaju" ([2005] EWCA Civ 117): whether time is of the essence in a landlord serving a notice to trigger a rent review and whether a letter sent by the tenant in response to the notice was sufficient counter-notice. It was decided that time was not of the essence in regards to the trigger notice but was of the essence for the counter-notice. The letter sent by the tenant was held to be a valid counter-notice.

Discusses the issues raised in the case, "Lancecrest Ltd v Ganiyu Asiwaju" ([2005] EWCA Civ 117): whether time is of the essence in a landlord serving a notice to trigger a rent review and whether a letter sent by the tenant in response to the notice was sufficient counter-notice. It was decided that time was not of the essence in regards to the trigger notice but was of the essence for the counter-notice. The letter sent by the tenant was held to be a valid counter-notice.