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ARTICLE · 02 SEPTEMBER 2010

Notice your Notices

Charles Russell Speechlys LLP
Charles Russell Speechlys LLP
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Charles Russell Speechlys LLP

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Three recent Court decisions have emphasised the difficulties which can arise when dealing with notices. Such issues can be critical for both landlords and tenants as they may find themselves unable to take advantage of their rights under a lease as a result of a defective notice.

United KingdomReal Estate and Construction

Three recent Court decisions have emphasised the difficulties which can arise when dealing with notices. Such issues can be critical for both landlords and tenants as they may find themselves unable to take advantage of their rights under a lease as a result of a defective notice.

Hexstone Holdings Ltd v AHC Westlink Ltd [2010] EWHC 1280 (Ch)

In this case the lease provided the tenant with an option to terminate the tenancy on a specified date, on six months' written notice. After entering into the lease, the tenant went through a merger and announced that it would be taking the same name as its parent company. Although the landlord sent rent demands under the name of the parent company, the change of name never officially occurred. The tenant served notice to terminate the lease in a letter on the parent company's headed notepaper and it was expressed to be "for and on behalf of" the parent company.

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