Using Mannai to save a defective rent review counter-notice | Practical Law

Using Mannai to save a defective rent review counter-notice | Practical Law

Lancecrest Ltd v Asiwaju, 11 February 2005 (Court of Appeal).

Using Mannai to save a defective rent review counter-notice

Practical Law UK Legal Update 5-200-3773 (Approx. 5 pages)

Using Mannai to save a defective rent review counter-notice

by NATING GROUP
Law stated as at 21 Feb 2005England, Wales
Lancecrest Ltd v Asiwaju, 11 February 2005 (Court of Appeal).
The Court of Appeal has ruled that a tenant's letter that challenged the validity of a landlord's rent review notice could be treated as a valid counter-notice under the terms of the lease even though the letter did not comply with the lease requirements.
The tenant had not expressly stated that he did not accept the proposed revised rent, which he was required to do so under the terms of the lease. Applying the principles set out by the House of Lords in Mannai, the court held that it was clear from the letter that the tenant had not accepted the proposed rent, and accordingly the letter could be treated as a valid counter-notice.