Who can serve notice to quit during the registration gap?

In a case recently decided by Norris J, William Pye, a tenant of two holdings under AHA 1986, successfully contested the validity in common law of notices to quit served on him by his landlords, Stodday Land Ltd and Ripway Properties Ltd. 

The case concerned the service of Case B and Case D notices to quit within the registration gap, that is the period between completion of the transfer of the title of land and registration of such title at HMLR. 

It was held that a person, whilst being an equitable owner of the reversion and being the person entitled to be registered as proprietor of it, cannot terminate a tenancy upon it by notice to quit.

Following Smith v Express Dairy Limited [1954] JPL 45 and Brown & Root Technology Ltd v Sun Alliance [2001] Ch 733.