Q&As

A landlord serves a break notice on the tenant and but the notice is addressed to the previous tenant. The other details of the notice are correct. Is the notice valid?

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Produced in partnership with Sebastian Clegg of Gough Square Chambers
Published on LexisPSL on 06/10/2017

The following Property Q&A produced in partnership with Sebastian Clegg of Gough Square Chambers provides comprehensive and up to date legal information covering:

  • A landlord serves a break notice on the tenant and but the notice is addressed to the previous tenant. The other details of the notice are correct. Is the notice valid?

A landlord serves a break notice on the tenant and but the notice is addressed to the previous tenant. The other details of the notice are correct. Is the notice valid?

We have assumed that the question relates to a break option in a commercial lease.

The House of Lords case of Mannai Investments v Eagle Star Life Assurance Co Ltd established the ‘reasonable recipient’ test in determining whether a mistake in a contractual notice will affect its validity. The objective test, is how a reasonable recipient would understand a notice, taking into account ‘the relevant objective contextual scene’.

However, the Mannai test

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