16 January 2013
Forwarding renewal notice is sufficient demand
When a tenant sought to dispute the validity of a demand for payment of the insurance due on his premises, on the basis that the landlord had not sent him a formal demand but had instead forwarded the renewal notice from the insurer, the Court of Appeal was not amused.
The lease required that the tenant should pay the insurance premium (which was an additional rent payment under the lease) within 14 days of receipt of a written demand.
The Court agreed with the landlord that forwarding the renewal notice to the tenant would indicate to a reasonable recipient that it was a request for the further rent payment under the lease.
That a case such as this should reach the Court of Appeal is remarkable. However, it does illustrate the fact that the courts are likely to take a commonsense approach to issues of this kind.