Case Summary:

 Tadema Holdings Ltd v Ferguson (1999), Court of Appeal, 18 November, 1999

SUMMARY: Tenant becoming assured tenant by succession on death of statutory tenant.  Landlord serving notice of increase of rent. (using 'c/o the agent' on the relevant statutory form),  Tenant lacking mental capacity to manage own affairs. Landlord obtaining possession order.  enant held s.13 notice defective bacause out of date. & not validly served.

HELD:  Appeal dismissed
For purposes of s.13, a notice in the prescribed form or in a format akin to it was valid where the LL was name and its address given as
"c/o the agent" is acceptable, provided that an address was given where the tenant could contact the LL.

A reference to a numbered form was a reference to a form bearing that number or to a form "substantially to the same effect"
The incapacity of the tenant had no bearing on the validity of the notices, these having been effectively served" within the meaning of sections 8 & 13 when delivered

Case Citation: Tadema Holdings Ltd v Ferguson [1999] EGCS 138

Copy of Smith Bernal transcript in file. / [1999] EGCS 138
See also: LAG Jan 2000, p25
LUJ Ref: April 2000, p23