DODDS
V.
WALKER

(1981) JELR 80270 (HL)    
House of Lords  ·  18 Jun 1981 ·  United Kingdom
 · 
Other Citations
[1981] 1 LTR 1027
CORAM
Lord Diplock, Lord Edmund-Davies, Lord Fraser of Tullybelton, Lord Russell of Killowen and Lord Roskill
Core Terms Beta
notice
corresponding date
lords
day
period
september
application
court
instant case
month period
draft
friends
lord diplock
lord russell of killowen
midnight september
months
speeches
advantage of reading
application of the corresponding date principle
appropriate subsequent month
bridge l.j.
common ground
corresponding date rule
general rule
giving of a notice
leap year
reasons
rule
appellant tenant’s application
calendar month
common usage
court of appeal opinion
day of that month
day of the earlier month
exceptional cases
inevitable consequence of the corresponding date rule
lord edmund-davies
lord fraser of tullybelton
modification of the corresponding date rule
number of months
period ends
relevant period
respectful agreement
respondent landlord’s notice
sense of mankind
small minority of cases
such case
tenant act
tenant of business premises

MAIN JUDGMENT

LORD DIPLOCK.

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…

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