Check tenancy before serving notice

Sarah Mallard at Bruton Kwles says: There are a range of notices which can be served by a landlord or tenant for Agricultural Holdings Act and Farm Business tenancy agreements including a notice to review the rent, a notice to quit, and notice to repair among many others.

Before serving a notice it is important to check the tenancy agreement as this will set out how, when (and potentially if) a notice can be served. It is particularly important to check the term date of the agreement and any specific provisions which detail the circumstances and method by which the notice must be served.

A recent legal case highlighted the problems that may arise if a landlord or tenant has changed their address. In the case of Grimes v Essex Farmers and Union Hunt Trustees [2017], Mr Grimes leased 121 acres of land from the Essex Farmers and Union Hunt Trustees.

In the penultimate year of the agreement the Landlord served a notice to terminate the tenancy at the end of the fixed term. The notice was sent to the address specified in the tenancy agreement and not to the new address supplied by Mr Grimes almost six year earlier.

Unaware that Mr Grimes had not received the notice to quit the landlord subsequently granted a new Farm Business tenancy to a new tenant. Mr Grimes brought an action against the landlord claiming the termination of his tenancy was not valid and he had suffered financial losses as result of not being able to farm the land.

Chelmsford County Court initially ruled in favour of the landlord but on appeal the Court of Appeal overruled the decision and Mr Grimes was awarded damages.

The case serves to highlight the potential pitfalls of serving notices and the steps that both landlords and tenants should take to ensure the appropriate procedures are followed. If a notice is not correctly served, the overall objective of the landlord or tenant can be compromised.

Contact Sarah Mallard 01743 77 00 84 or email sarah.mallard@brutonknowles.co.uk