Turner & Ors v Thomas & Anor [2022] EWHC 1239 (Ch) (26 May 2022)

Turner & Ors v Thomas & Anor [2022] EWHC 1239 (Ch) (26 May 2022)

The notice to quit, though addressed to the assignor, was valid because a reasonable recipient in the circumstances would have understood it was intended for the company as tenant, and there was no prejudice or confusion; the objective test from Mannai applies.

Citation
[2022] EWHC 1239 (Ch)
Parties
Claimant/respondent: Brenda Elizabeth Turner; Claimant/respondent: Marilyn Margaret Jones; Claimant/respondent: Alan Trevor Jones; First Defendant: Mr Owen Gwilym Thomas; Second Defendant/appellant: O G Thomas Amaethyddiaeth Cyf
Jurisdiction
England and Wales
Judgment Date
26 May 2022
Procedural Posture
Appeal / Judgment on Appeal From County Court
Outcome
Appeal dismissed
Legal Topics
Notices to Quit, Assignment of Lease, Service of Notice, Interpretation of Statutory Notices
Landlord and Tenant Agricultural Law Notices to Quit Assignment of Lease Service of Notice Interpretation of Statutory Notices

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Brenda Elizabeth Turner

Claimant/respondent

Marilyn Margaret Jones

Claimant/respondent

Alan Trevor Jones

Claimant/respondent

Mr Owen Gwilym Thomas

First Defendant

O G Thomas Amaethyddiaeth Cyf

Second Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether a notice to quit addressed to and served on the original tenant after assignment is valid under the Agricultural Holdings Act 1986
  2. 2 Whether the notice can be construed as addressed to the assignee company under the Mannai test

Ratio Decidendi

The notice to quit, though addressed to the assignor, was valid because a reasonable recipient in the circumstances would have understood it was intended for the company as tenant, and there was no prejudice or confusion; the objective test from Mannai applies.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the notice to quit is valid and effective.