08 November 2013
Documentation error means landlord’s notice invalid
Another case (Triplerose Ltd. v Grantglen Ltd. and Cane Developments Ltd) should serve as a reminder to landlords of the need to ensure that all documentation is precisely worded.
When a notice was issued to a tenant, the landlord mistakenly used the wrong name (the name of a director of the company being substituted in error for the name of the company that was the landlord). The validity of the notice was subsequently disputed by the tenant.
The Upper Tribunal ruled that the notice was invalid because the statutory requirement to name the landlord had not been met.
This case follows a 2012 decision (Bietov Properties Ltd. v Martin) in which a landlord’s failure to give its address on a notice – the address of the landlord’s agent being substituted in error – was held to invalidate the notice.
Failing to give notices in the correct form can invalidate them and may lead to significant losses for a landlord. The B P Collins commercial property team can assist you to ensure that all your commercial documentation is in the proper form and has the intended legal effect. Contact Jasmin Hare on firstname.lastname@example.org or telephone 01753 278692