000 01815cam a2200265 4500
001 ABS67274
008 031125n2003 000 0 eng u
035 _a(Sirsi) u124465
100 _aMurdoch, S.
245 _aTake it one day at a time
260 _c2003
490 _aEstates Gazette
_v(0342) 18 October 2003, 125 (1)
520 _aAll Housing Act tenancies, whether fixed-term or periodic, are now automatically assured shorthold tenancies. Landlords can regain possession simply by giving two months' notice rather than proving a statutory ground for possession. The recent CA decision "McDonald and another v Fernandez and another" ([2003] EWCA 1219 Civ, Abs67273) demonstrates that statutory notice requirements under the Housing Act 1988 s21(4) are not entirely straightforward. Statutory notice requirements affecting assured shorthold tenancies differ for fixed-term and periodic tenancies. Where the tenancy is periodic, the notice must state a date after which possession will be required and that date must be the last date of a period of a tenancy and at least two months after the giving of the notice. The landlord's contention that the principle expressed in "Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd UK",(HL, Abs57166) that it would not have misled a reasonable recipient, made the notice valid still, was rejected.
590 _aABS
650 _aPOSSESSION ORDERS
650 _aHOUSING ACT 1988 S21(4)
650 _aMANNAI INVESTMENT CO LTD V EAGLE STAR LIFE ASSURANCE CO LTD UK
650 _aMCDONALD AND ANOTHER V FERNANDEZ AND ANOTHER
650 _aSTATUTORY PERIODIC TENANCIES
650 _aASSURED SHORTHOLD TENANCIES
650 _aNOTICES
650 _aNOTICE TO QUIT
690 _aLANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW
942 _n0
999 _c73854
_d73854