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Counternotice

Shaws EAL Ltd v Pennycook
[2004] EWCA Civ 100

Decision

A tenant who had served a counter-notice, to a landlord's s25 notice stating that he was willing to give up possession (as used to be required under the 1954 Act), could not change his mind within the two-month time limit and serve a second notice stating that he did not intend to do so. As with so many reported cases this case started as a cock-up. Ts' solicitors had sent the first notice in error.

Comment

The point is now pretty well academic as counter-notices to s25 notices have been abolished under the reforms to Part II of the 1954 Act that took effect on 1 June 2004. There may however be a few old cases going through the system where a counter-notice was not properly served. (Note that a landlord who has been served with a s26 request and who wishes to oppose a new tenancy must still serve a counter-notice under s26(6) stating the ground of opposition. This requirement was not abolished).

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