000 01921cam a2200265 4500
001 ABS67273
008 031125n2003 000 0 eng u
035 _a(Sirsi) u124464
245 _aMcDonald and another v Fernandez and another
260 _c2003
490 _aEstates Gazette
_v[2003] 42 EG 128-131(4)
520 _a[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.
590 _aABS
650 _aMANNAI INVESTMENT CO LTD V EAGLE STAR LIFE ASSURANCE CO LTD UK
650 _aHOUSING ACT 1988 S21(4)
650 _aPOSSESSION ORDERS
650 _aMCDONALD AND ANOTHER V FERNANDEZ AND ANOTHER
650 _aASSURED SHORTHOLD TENANCIES
650 _aSTATUTORY PERIODIC TENANCIES
650 _aNOTICES
650 _aNOTICE TO QUIT
690 _aLANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW
856 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2003/1219.html
_zView judgment on the BAILLI website...
942 _n0
999 _c73853
_d73853