[2009], 15 October 2009. The case considers whether a landlord's application for grant of a new tenancy is dismissed at the date of notification by a tenant and the implications for both landlord and tenant. Windsor life Assurance Co Ltd (W) was the landlord and Lloyds TSB Bank (L) was the tenant of business premises with a term expiring in March 2008. W served notice, under section 29(5) of the Landlord and Tenant Act 1954 Part II, that it would not oppose the grant of a new tenancy. L made an application for the determination of an interim rent pursuant to section 24A of the 1954 Act. 18 months later, L served a notice of discontinuance, expressing their desire not to take a new tenancy on these premises and gave three months notice. The defendant sought declaration to the court that the claim for a new tenancy was dismissed in April 2009. The order dismissing the claim was made in agreement in June 2009. "Held": declaration made in favour of the defendant. The judge concluded that it is not necessary to make a court application for a dismissal. The dismissal is automatic from the moment the court receives the tenant's notice.