EM v The Secretary of State for Defence
[2023] UKUT 222 (AAC)
O G Thomas Amaethyddiaeth CYF & Anor. v Turner & Ors.
3 November 2022
[2022] EWCA Civ 1446
Court of Appeal
A farmer secretly gave his farm to a company. The landlord tried to evict him, but the eviction notice was addressed to the farmer, not the company. The court said the landlord's notice was bad because it wasn't addressed to the actual tenant (the company), even though it was delivered to the right place and the farmer knew what was going on. The landlord's mistake meant the eviction notice didn't count.
Key Facts
- •Mr. Thomas, tenant of an agricultural holding, assigned the tenancy to his company, O G Thomas Amaethyddiaeth CYF, without informing the landlord.
- •The landlord, unaware of the assignment, served a notice to quit addressed to Mr. Thomas at his home address (also the company's registered office).
- •Neither Mr. Thomas nor the company served a counter-notice.
- •Lower courts held the notice to quit valid.
- •The Agricultural Holdings Act 1986 doesn't specify the notice's form, only that it's invalid if terminating before twelve months.
Legal Principles
A notice to quit must be 'given to the tenant'. The question is whether the notice was given to the correct tenant, considering the assignment.
Agricultural Holdings Act 1986, section 26
While a notice doesn't need a specific form, it must satisfy common law requirements regarding who it's addressed to.
Common Law
Mannai Investment Co Ltd v Eagle Star Assurance Co Ltd: distinguishes between formal requirements and requirements to impart information; a reasonable recipient test applies to the meaning of the notice, not necessarily its technical perfection.
Mannai Investment Co Ltd v Eagle Star Assurance Co Ltd [1997] AC 749
Notices must comply with substantive conditions, interpretation only comes after determining if requirements are met (Trafford MBC v Total Fitness UK Ltd).
Trafford MBC v Total Fitness UK Ltd [2002] EWCA Civ 1513
A notice to quit must be given to the immediate tenant or assignee; section 93 of the 1986 Act deals with service, not the contents of the notice (Jones v Lewis).
Jones v Lewis (1973) 25 P & CR 375; Agricultural Holdings Act 1986, section 93
A notice to quit may be addressed by designation or not at all, but if addressed by name, the recipient must be correctly identified.
Common Law
If a notice is addressed to A and sent to A’s address, it cannot be treated as a notice given to B (R (Morris) v London Rent Assessment Committee; Ben Cleuch Estates Ltd v Scottish Enterprise; Balgray Ltd v Hodgson).
R (Morris) v London Rent Assessment Committee [2002] EWCA Civ 276; Ben Cleuch Estates Ltd v Scottish Enterprise [2008] CSIH 1; Balgray Ltd v Hodgson [2016] CSIH 55
Outcomes
Appeal allowed; the notice to quit was invalid.
The notice was addressed to Mr. Thomas, not the company. Even though the landlord's mistake was due to the tenant's actions, the court couldn't interpret it as being given to the company. The notice failed to satisfy the formal condition of being given to the correct tenant.