My Lords, Part II of the Landlord and Tenant Act 1954 entitles a tenant of business premises, whose tenancy has been terminated by notice given to him by his landlord in accordance with the provisions of that Act, to apply to the court for a new tenancy. By section 29 (3) the application must be made “not less than two nor more than four months after the giving of the landlord’s notice.” In the instant case the respondent landlord’s notice was given on September 30, 1978; the appellant tenant’s application to the court for a new lease was made on January 31, 1979. The only question in this appeal is: Was that one day too late?
The registrar and the judge of Grantham County Court both thought that it was too late. They dismissed the tenant’s application on the ground that the court had no jurisdiction to entertain it. In the Court of Appeal opinion was divided. Stephenson and Templeman L.JJ. agreed that it was one day too late; Bridge L.J. thought that it was j…