Whether you are a landlord, tenant or legal practitioner, serving a valid notice to quit is an essential step when terminating certain tenancies.
The Court of Appeal’s judgment in OG Thomas Amaethyddiaeth CYF v Turner (Thomas v Turner) 2022, clarified that a notice to quit addressed to the wrong party may be invalid, even if it is sent to the correct address.
What is a notice to quit?
A notice to quit is typically used to end certain periodic tenancies. These are tenancies that automatically renew at regular intervals (such as, weekly, monthly, quarterly or yearly) unless terminated. It is a procedural process, but one with serious consequences if a notice is served incorrectly.
If the notice is valid, then the granting party can rely on the notice to end the terms of the tenancy. If the notice is invalid, then this could potentially trap either a landlord or tenant into an unintended automatic renewal.
As a notice to quit can provide an important opportunity for both landlords and tenants to bring a tenancy to an end, it is essential to pay close attention to the drafting and service of such notices.
Case facts
The case of Thomas v Turner shows how even where details such as the address, premises and dates appear correct, a defect in the identity of the recipient can prove fatal.
- Mr Thomas held an oral tenancy of an agricultural holding which contained no restrictions on assignment.
- He assigned the agricultural holding without notifying his landlord, Mr Turner, to his company.
- Mr Thomas was the sole shareholder and director of the company. The company’s registered office was the same as his home address.
- Later Mr Turner who was unaware of the assignment served a notice to end the tenancy. The notice was addressed to Mr Thomas personally and was posted to his home address, which happened to be the same address as the company.
- Mr Thomas argued that the notice was not valid on the basis that the notice was addressed to him personally not the company and following the assignment he personally was no longer a tenant.
The main question in this case was whether the landlord’s notice was valid despite being sent to the correct address but addressed to Mr Thomas instead of the company.
The Court of Appeal found the notice invalid because it was addressed to the wrong party and repeatedly identified Mr Thomas, rather than the company, as the tenant.
Overview
The decision in Thomas v Turner offers a clear lesson for landlords, tenants and legal professionals on the importance of undertaking proper due diligence before serving a notice to quit. Landlords should ensure tenancy agreements are drafted clearly and carefully to require notification of any change in tenant identity. If there is any uncertainty as to who the tenant is, it is best to seek legal advice early.
If you are in the process of serving a notice to quit, we urge you to take legal advice well before any deadline for the notice to ensure that it is validly served. The slightest error in service, or in the form of the notice, or on timing, can completely invalidate the notice. For further information and advice, please contact B P Collins’ property team at enquiries@bpcollins.co.uk or call 01753 889995.
