Landlord’s notice to quit ‘invalid’ as it was sent to old address
A notice to quit was declared invalid because the landlords sent it to the tenant’s old address, even though they had been informed of the new one six years earlier.
The case involved the tenancy of an agricultural holding.
The tenancy agreement stated: "Either party may serve any notice (including any notice in proceedings) on the other at the address given in the Particulars [at the beginning of the tenancy agreement] or such other address as has previously been notified in writing."
In July 2011, the landlords served notice to quit at the tenant's address as shown in the Particulars, even though he had moved from that address nearly six years before and had given notice of his change of address to the landlords by a written note dated December 2006.
The judge found that the old address was still valid as it was the one given in the Particulars, and it remained acceptable for service even after receipt by the landlords of the December 2006 notice of change of address.
The Court of Appeal has overturned that decision.
It held that as a matter of commercial common sense, the parties must have intended that the new address, once duly notified, should supersede the original one shown in the Particulars. Otherwise, an unscrupulous landlord, in full knowledge of the tenant's actual current address, could continue to send notices to the tenant's original address years after he had moved.
Please contact Janice Young if you would like more information about the issues raised in this article or any aspect of commercial property law.