Shaws (EAL) Ltd. v Pennycook

Shaws (EAL) Ltd. v Pennycook

The Court of Appeal held that a positive counter notice served by a tenant under section 25(5) of the Landlord and Tenant Act 1954 is irrevocable and precludes the tenant from subsequently serving a negative counter notice within the statutory two-month period. This construction is supported by binding authority and does not violate Article 1 of the First Protocol or Article 6(1) of the ECHR. The appeal was allowed and an extension of time for appeal was granted, subject to costs conditions.

Parties
Appellant: Shaws (EAL) Limited; Respondent: Walbert Pennycook
Jurisdiction
England and Wales
Judgment Date
02 February 2004
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Application for Permission to Bring a Second Appeal and Extension of Time
Outcome
Appeal allowed; application for permission to appeal and extension of time granted
Legal Topics
Business Tenancies, Renewal of Tenancy, Counter Notices, Doctrine of Election, Article 1 First Protocol ECHR, Article 6 ECHR, Extension of Time
Landlord and Tenant Property Law Human Rights Business Tenancies Renewal of Tenancy Counter Notices Doctrine of Election Article 1 First Protocol ECHR +2 more

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Parties

Shaws (EAL) Limited

Appellant

Walbert Pennycook

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Application for Permission to Bring a Second Appeal and Extension of Time

Legal Issues

  1. 1 Whether a tenant who has served a positive counter notice under section 25(5) of the Landlord and Tenant Act 1954 can subsequently serve a negative counter notice within the statutory two-month period
  2. 2 Whether the doctrine of election or statutory construction renders a positive counter notice irrevocable
  3. 3 Whether the interpretation of the 1954 Act violates Article 1 of the First Protocol or Article 6(1) of the European Convention on Human Rights

Ratio Decidendi

The Court of Appeal held that a positive counter notice served by a tenant under section 25(5) of the Landlord and Tenant Act 1954 is irrevocable and precludes the tenant from subsequently serving a negative counter notice within the statutory two-month period. This construction is supported by binding authority and does not violate Article 1 of the First Protocol or Article 6(1) of the ECHR. The appeal was allowed and an extension of time for appeal was granted, subject to costs conditions.

Court Disposition

Appeal allowed; application for permission to appeal and extension of time granted

Orders

  • Permission to appeal granted
  • Appeal allowed