Elias v Spencer [2010] EWCA Civ 246 [Not on Bailii yet]
This was a permission to appeal to the Court of Appeal hearing.
The issue was the date given in a s.21 Housing Act 1988 notice on an assured shorthold tenancy. The notice stated that possession was required:
After: 22ND NOVEMBER 2008 or,
if this notice would otherwise be ineffective, after the date being the earliest date not earlier than two months after the date of service of this notice when shall expire a period of the assured shorthold tenancy.
The issue was that a period of the tenancy ended on 21 November 2008. The tenant, Mr S, argued that the combination of a specified date and the saving provision giving another date meant that there were two dates and the notice thereby did not specify THE date for possession, as required by s.21(4)(a).
The Court of Appeal was not impressed, noting that the saving clause did result in the correct date being given and that in any event, the error was to the benefit of the tenant. Despite some factual differences – the two dates – this case fell under Lower Street Properties v Jones [1996] 28 HLR 877, where a saving clause in similar terms was held to be good. The appeal had no prospects of success.
Thanks to the Garden Court housing bulletin for drawing our attention to this.