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

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    #1

    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?
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    #2
    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!
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #3
      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.
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      I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

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        #4
        What's the Mannai rule, please?
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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          #5
          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.
          Health Warning


          I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

          All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

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            #6
            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!
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            If you are unsure about what to do seek professional Legal advice.

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              #7
              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?
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                #8
                If in writing you could try
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                If you are unsure about what to do seek professional Legal advice.

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