000			01846cab a2200289 4500
001			ABS59321
008			090401t1998 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u88430
041			_aeng
245			_aGarston and others v Scottish Widows Fund & Life Assurance Society
260			_c1998
350			_a0
490			_aEstates Gazette _v[1998] 32 EG 88-90(3)
520			_aCA 25 June 1998. The plaintiff G held a lease from S dated 10 July 1985, subject to early determination on six months` previous written notice at the expiration of the tenth year of the term, 23 June 1995. By letter dated 4 October 1994 G served notice to determine the lease on 9 July 1995, and also enclosed a request for a new tenancy from 10 July 1995, under s26 Landlord and Tenant Act 1954. The court dismissed G`s application for a declaration that the lease had determined on 23 June 1995, and decided that the request for a new tenancy infringed the proviso to s26(2) of the Act. G appealed. "Held" a reasonable recipient would have been left in no doubt that G wished to determine the lease on 23 June 1995, but had wrongly described the date as 9 July 1995; ten years from the lease date. The request for a new tenancy infringed the proviso to s26(2) as the commencement date of the new tenancy cannot be earlier than when the lease would determine by effluxion of time. Appeal allowed.
650			_aBREAK CLAUSES
650			_aCOMMERCIAL PROPERTIES LTD V WOOD
650			_aEFFLUXION OF TIME
650			_aINCORRECT DATE
650			_aLANDLORD AND TENANT _96252
650			_aMANNAI INVESTMENT CO LTD V EAGLE STAR LIFE ASSURANCE CO LTD UK
650			_aREASONABLENESS
650			_aSECTION 26 NOTICES
650			_aVALIDITY OF NOTICE
690			_aLANDLORD AND TENANT-CASE LAW-BUSINESS TENANCIES
942			_n0
948			_c11/09/1998
999			_c55863 _d55863