BRENDA ELIZABETH TURNER & Ors v OWEN GWILYM THOMAS & Anor

BRENDA ELIZABETH TURNER & Ors v OWEN GWILYM THOMAS & Anor

The notice to quit, though addressed to Mr Thomas, was valid and effective against the company because a reasonable recipient, in the context of the assignment and Mr Thomas's role, would understand it was intended for the company as tenant. The notice was clear, there was no prejudice, and the statutory requirements for service were satisfied.

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
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Notices to Quit, Assignment of Lease, Statutory Interpretation, Service of Notice
Land Law Agricultural Law Notices to Quit Assignment of Lease Statutory Interpretation Service of Notice

Case Brief

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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

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether a notice to quit addressed to the original tenant after assignment is valid and effective against the assignee company under the Agricultural Holdings Act 1986
  2. 2 Whether the notice was properly served on the company tenant under s.93 of the 1986 Act

Ratio Decidendi

The notice to quit, though addressed to Mr Thomas, was valid and effective against the company because a reasonable recipient, in the context of the assignment and Mr Thomas's role, would understand it was intended for the company as tenant. The notice was clear, there was no prejudice, and the statutory requirements for service were satisfied.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.