Notice to Quit in UK Law
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Mexfield Housing Co-Operative Ltd v Berrisford
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Periodic tenancies obviously pose something of a puzzle if the law insists that the maximum term of any leasehold estate be certain. In one sense the term is certain, as it comes to an end when the week, the month, the quarter or the year for which it has been granted comes to an end. But that is not the practical reality, as the law assumes a re-letting (or the extension of the term) at the end of each period, unless one or other of the parties gives notice to quit.
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Sheffield City Council v Smart; Central Sunderland Housing Company Ltd v Wilson
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I can see also that at the stage of the trial of the possession proceedings, there might be the rare case where something wholly exceptional has happened since service of the notice to quit, which fundamentally alters the rights and wrongs of the proposed eviction; and the county judge might be obliged to address it in deciding whether or not to make an order for possession.
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Kay v Lambeth City Council; Leeds City Council v Price
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But if the requirements of the law have been established and the right to recover possession is unqualified, the only situations in which it would be open to the court to refrain from proceeding to summary judgment and making the possession order are these: (a) if a seriously arguable point is raised that the law which enables the court to make the possession order is incompatible with article 8, the county court in the exercise of its jurisdiction under the Human Rights Act 1998 should deal with the argument in one or other of two ways: (i) by giving effect to the law, so far as it is possible for it do so under section 3, in a way that is compatible with article 8, or (ii) by adjourning the proceedings to enable the compatibility issue to be dealt with in the High Court; (b) if the defendant wishes to challenge the decision of a public authority to recover possession as an improper exercise of its powers at common law on the ground that it was a decision that no reasonable person would consider justifiable, he should be permitted to do this provided again that the point is seriously arguable: Wandsworth London Borough Council v Winder [1985] AC 461.
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Chapman v Honig
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act complained of, the service of the notice to quit, was on the face of it a lawful exercise of a contractual right, duly implemented in accordance with the provisions of the tenancy agreement and effective to terminate the tenant's estate and to convert the landlord's interest from a reversion to an estate in possession.
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Harrow London Borough Council v Qazi
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I wish to reserve my opinion as to whether it would be open to the tenant, in a wholly exceptional case, to raise these issues in the county court where proceedings for possession were being taken following the service of a notice to quit by the housing authority, bearing in mind as Lord Millett points out that its decision to serve the notice to quit would be judicially reviewable in the High Court so long as the application was made within the relevant time limit.
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Doran v Liverpool City Council
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First, there is no formulaic or formalistic restriction of the factors which may be relied upon by the licensee in support of an argument that the council's decision to serve a notice to quit, and seek a possession order, was one which no reasonable council would have taken. Such factors are not automatically irrelevant simply because they may include the licensee's personal circumstances, such as length of time of occupation.
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Doherty and Others v Birmingham City Council
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An examination of the question whether the respondent's decision was reasonable, having regard to the aim which it was pursuing and to the length of time that the appellant and his family have resided on the site, would be appropriate. In my opinion the test of reasonableness should be, as I said in para 110 of Kay, whether the decision to recover possession was one which no reasonable person would consider justifiable.
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Agricultural Holdings (Notices to Quit) Act 1977
... ... Notices to quit whole or part of agricultural holding ... Notices to quit whole or part of agricultural holding ... Length of notice to quit ordinarily needed to end tenancy of agricultural holding. 1 Length of notice to quit ordinarily needed to end tenancy of agricultural ... ...
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Agriculture Act 1958
... ... Amendments as to notices to quit agricultural holdings. 3 Amendments as to notices to quit agricultural ... Minister to withhold his consent to the operation of a notice ... to quit an agricultural holding unless he is satisfied as to certain ... ...
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Housing (Scotland) Act 2014
... ... notice under subsection (3) only where—(a) the tenant (or any one of joint ... Tribunal, in action for possession, to reduce period of notice to quit ” ... Annotations: Commencement Information # I109 Sch. 1 para. 20 in ... ...
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Renting Homes (Wales) Act 2016
... ... not within subsection (2) or (3) can be occupation contracts if notice is given, ... (b) in Part 2, that certain tenancies and licences that are ... (c) forfeiture and notices to quit not available in relation to occupation contracts ... Permissible ... ...
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Time Limits
... ... Within 2 months of receiving the landlord’s written notice ... Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) ... 1986 Act, section 12(3) ... NOTICES TO QUIT ... Length of notice ... At least 12 months expiring at the end of a ... ...
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Index
... ... by forfeiture 54, 88 by surrender see Surrender following notice to quit see ... Notice to quit: 1986 Act tenancies of head tenancy, ... ...
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Agricultural Holdings Act 1986 Tenancies
... ... 6 ... If the head tenancy terminates by notice to quit, given by either the landlord or the tenant, the sub-tenancy will ... ...
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Notices to Quit, Protective legislation and the Joint Tenancy Doctrine
... ... end of each period of a periodic tenancy, then again all must concur.”* On this basis it has recently been held that notice to quit a periodic tenancy given by one of two joint lessees is valid3 and that notice to quit given by two out ... ...
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Blog: #Brexit: Can a minister decide to give the UK’s notice to quit, or is that Parliament’s job? High Court papers published
On 13 and 17 October 2016, the High Court will be asked to decide whether a UK government minister can decide to give the UK’s (so called) article 50 notice to quit the European Union, without bein...
- 129: Notice To Quit: A Commercial Approach
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Blog: #Brexit: can a minister give the UK’s article 50 notice? High Court decision due tomorrow
The High Court has been asked to decide whether a minister can give the UK’s article 50 “notice to quit” the European Union, without being authorized to do this by Act of Parliament.... The High Court has been asked to decide whether a minister can give the UK’s article 50 “notice to quit” the European Union, without being authorized to do this by Act of Parliament ... The Lord Chief Justice, the Master of the Rolls and Lord ... ...
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Terminating Leases In Scotland
... ... date. Notwithstanding the end date in the Lease, Notice to Quit ... must be given by one of the parties to the Lease. Failing to ... ...
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Notice of Application for Consent to the operation of a Notice to Quit
Forms relating to agricultural lands and drainage, including notices of application.
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Response to Application for Consent to the Operation of a Notice to Quit
Forms relating to agricultural lands and drainage, including notices of application.
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Application for permission to issue a Writ of Possession in respect of a notice served under section 33D(2) of the Immigration Act 2014 CPR 83.13
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... (ii) a copy of the prescribed from of notice to quit (the eviction notice) dated (date) and served on the tenant (or in the case of joint tenants all tenants) on (date) (attached to this request. marked ... ...
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Response to Application for Direction for Succession Tenancy on Death
Forms relating to agricultural lands and drainage, including notices of application.... ... This is the form to complete if you wish to respond to a Notice of Application for succession to a tenancy on the death of the tenant ... and to apply for consent to the operation of a Case G notice to quit ... ... Your Response and any accompanying documents ... ...