Glen International Ltd v Triplerose Ltd

Glen International Ltd v Triplerose Ltd

The letter of 18 October 2004 did not constitute a valid notice under section 48 of the 1987 Act, as it only related to correspondence on specific matters and did not communicate a general address for service of statutory notices. Therefore, the tenant was entitled to serve the section 42 notice at the address last furnished under section 47, Middlesex House, and the landlord's failure to serve a counter notice meant the tenant was entitled to a new lease.

Parties
Claimant/respondent: Glen International Limited; Defendant/appellant: Triplerose Limited
Jurisdiction
England and Wales
Judgment Date
23 March 2007
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Woolwich County Court
Outcome
Appeal dismissed
Legal Topics
Service of Notices, Leasehold Reform, Authority of Agents, Statutory Interpretation
Landlord and Tenant Law Property Law Service of Notices Leasehold Reform Authority of Agents Statutory Interpretation

Case Brief

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Parties

Glen International Limited

Claimant/respondent

Triplerose Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Woolwich County Court

Legal Issues

  1. 1 Whether the landlord had furnished a valid notice under section 48 of the Landlord and Tenant Act 1987
  2. 2 Whether the address for service of notice under section 42 of the Leasehold Reform Housing and Urban Development Act 1993 was properly used by the tenant
  3. 3 Whether service of notice on the landlord's agents constituted valid service under the relevant statutory provisions

Ratio Decidendi

The letter of 18 October 2004 did not constitute a valid notice under section 48 of the 1987 Act, as it only related to correspondence on specific matters and did not communicate a general address for service of statutory notices. Therefore, the tenant was entitled to serve the section 42 notice at the address last furnished under section 47, Middlesex House, and the landlord's failure to serve a counter notice meant the tenant was entitled to a new lease.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Tenant entitled to new lease as ordered by the trial judge