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Notting Hill Housing Trust v Svetlana Roomus

Language: English Publication details: 2006Subject(s): Online resources: Summary: [2006] EWCA CIV 407, 29 March 2006. Appeal by R against a decision that a notice served by N under the Housing Act 1988 s21(4) was valid. The notice stated that possession was needed 'at the end of the period of your tenancy'. R challenged the validity of the notice contending that it should have used the words 'after the end of the period of your tenancy' to comply with s21(4) and therefore be valid. R submitted that there was a conflict between the decisions in "Lower Street Properties v Jones" (CA, Abs56235) which stated that s21(4) required the notice to specify the date when possession of the property was required and in "McDonald v Fernandez" ([2003] EWCA Civ 1219, Abs67273) which stated that the statute required the notice to specify a date which was the last day of the period of the tenancy. "Held": appeal dismissed. There was no conflict between the cases. For the purpose of notices served under s21(4) the words 'at the end of the period of your tenancy' had the same meaning as the phrase 'after the end of the period of your tenancy'.
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Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 133796-2001

[2006] EWCA CIV 407, 29 March 2006. Appeal by R against a decision that a notice served by N under the Housing Act 1988 s21(4) was valid. The notice stated that possession was needed 'at the end of the period of your tenancy'. R challenged the validity of the notice contending that it should have used the words 'after the end of the period of your tenancy' to comply with s21(4) and therefore be valid. R submitted that there was a conflict between the decisions in "Lower Street Properties v Jones" (CA, Abs56235) which stated that s21(4) required the notice to specify the date when possession of the property was required and in "McDonald v Fernandez" ([2003] EWCA Civ 1219, Abs67273) which stated that the statute required the notice to specify a date which was the last day of the period of the tenancy. "Held": appeal dismissed. There was no conflict between the cases. For the purpose of notices served under s21(4) the words 'at the end of the period of your tenancy' had the same meaning as the phrase 'after the end of the period of your tenancy'.