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Rent review notices

This page deals with two cases on notices:
  • Defective notices - late notice and defective counter-notice.
  • Service of notice - address for service

Defective notices

Late notice and defective counter-notice

Lancecrest Ltd v Asiwaju
[2005] EWCA Civ 117

There were two issues in this case:
  • Whether a trigger notice served by a landlord purportedly implementing a rent review was valid, notwithstanding the fact that it was served 54 weeks later than the cut-off date envisaged by the rent review clause.
  • If the landlord's trigger notice was valid, whether the tenant had served a valid counter-notice challenging the rent specified in the trigger notice. The tenants letter actually challenged the validity of the landlords notice. It said "Your notice or demand is invalid Until you serve me with a valid one-year notice about future rent review ... I will not enter into any arbitration."
Held:

The trigger notice was valid because time was not of the essence:
    Apart from the fact that there is nothing in that sub clause expressly stating or even implying that time is to ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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