Does informal wording satisfy s.21(1)(b) Notice contents?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • House
    replied
    If in writing you could try

    Leave a comment:


  • mind the gap
    replied
    Originally posted by agent46 View Post
    From Mannai Investment Co Ltd v. Eagle Star Life Assurance Co Ltd

    A notice can be valid, even if it contains mistakes, so long as it is sufficiently clear and definite enough to leave the recipient in no reasonable doubt as how and when the notice operates.
    So 'Bog off out of my property for good next Saturday 6th September, take all your rubbish with you and don't come back' would do the trick?

    Leave a comment:


  • House
    replied
    Thanks Agent46,


    @ mindthegap I found this rather handy article explaining it.

    http://www.falcon-chambers.co.uk/upl...20Articles.pdf

    it was rather helpful although I'm not brainy enough to know if it's rubbish!

    Leave a comment:


  • agent46
    replied
    Originally posted by mind the gap View Post
    What's the Mannai rule, please?
    From Mannai Investment Co Ltd v. Eagle Star Life Assurance Co Ltd

    A notice can be valid, even if it contains mistakes, so long as it is sufficiently clear and definite enough to leave the recipient in no reasonable doubt as how and when the notice operates.

    Leave a comment:


  • mind the gap
    replied
    What's the Mannai rule, please?

    Leave a comment:


  • agent46
    replied
    Originally posted by House View Post
    Section 21 1b states that

    (b)the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ notice stating that he requires possession of the dwelling-house.

    Does this mean that a notice specifically needs to mention the word 'possession'?

    What if the Landlord said something like 'i want you to vacate by'... or 'i want to move back in on...' would this suffice as it implies that the landlord wants possession?
    The Mannai rule might well apply, but then again, judges are notoriously finicky about s.21 notices.

    Leave a comment:


  • mind the gap
    replied
    Originally posted by House View Post
    Section 21 1b states that

    (b)the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ notice stating that he requires possession of the dwelling-house.

    Does this mean that a notice specifically needs to mention the word 'possession'?

    What if the Landlord said something like 'i want you to vacate by'... or 'i want to move back in on...' would this suffice as it implies that the landlord wants possession?
    I suppose neither of the above phrases necessarily means that you want possession - the first just says you want him to go and the second that you want to move in. 'Possession' suggests both, I'd argue!

    Leave a comment:


  • Does informal wording satisfy s.21(1)(b) Notice contents?

    Section 21 1b states that

    (b)the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ notice stating that he requires possession of the dwelling-house.

    Does this mean that a notice specifically needs to mention the word 'possession'?

    What if the Landlord said something like 'i want you to vacate by'... or 'i want to move back in on...' would this suffice as it implies that the landlord wants possession?

Latest Activity

Collapse

Working...
X