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High Court dismisses appeal against a decision of a tenancy tribunal (within the rubric of the Residential Tenancies Board), deeming a notice of termination of a further ‘Part 4' residential tenancy served by the notice party on the appellant to be valid, on the grounds that: there was no error of law in the manner in which the tribunal interpreted the relevant provisions of the applicable landlord and tenant legislation, which did not require the landlord (notice party), in the particular circumstances of the tenancy, to give a reason for so terminating the tenancy on the notice itself.
Appeal against decision of tenancy tribunal within private residential tenancies board holding that a notice of termination served by notice party was valid - notice of motion - whether tribunal committed errors of law in its interpretation of tenancies legislation - initial complaint to board's dispute resolution service that the termination notice was not served and that an incorrect statement of the law comprised within notice resulted in the notice not being valid - notice found to be valid - appeal to tenancy tribunal - issue of service not raised on appeal - preliminary issue - failure by respondent to serve opposition papers by return date - papers served personally on appellant - Order 122 rule 7 RSC - enlargement of time granted - nature of tenancy - statutory provisions providing for the termination of tenancy - finding by tribunal that landlord was permitted to terminate without stating a reason - no error of law where tribunal found that a statutory amendment was inapplicable to notice of termination - no reason for termination required - no prejudice created by incorrect statement of law on notice of termination - canons of construction - words to be given their natural and ordinary meaning - meaning of part 4 tenancy - new tenancy - commencement date and terms fixed by statute - no reason required by statutory provisions in particulars circumstances of tenancy between parties - decision of tribunal valid and properly arrived at - appeal fails.
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