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ARTICLE · 31 AUGUST 2017

Notice To Quit: A Commercial Approach

The Court of Appeal has been asked to decide whether a notice to quit served on an agricultural tenant was valid.

United KingdomReal Estate and Construction

The Court of Appeal has been asked to decide whether a notice to quit served on an agricultural tenant was valid. The notice had been served on the tenant's address stated in the lease, not the address that the tenant subsequently notified to the landlord in writing.

FACTS

The claimant farmed a large agricultural holding with his father for a number of years under successive tenancy agreements. The tenancy agreement provided that any notice may be served on a party to the agreement:

'at the address given in the Particulars or such other address as has been previously notified in writing.'

The agreement recorded the tenant's address as Glebe Way, Burnham-on-Crouch, but during the negotiation of the agreement the tenant relocated. On making his first rental payment under the tenancy agreement in December 2006, the tenant informed the landlord in writing of his new address.

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