Update on Residential Tenancies
The Court of Appeal has held that a Notice served under Section 8 of the Housing Act 1988 which did not state that rent was lawfully due from the tenant was not defective.
While the landlord had confirmed the amount of arrears, he had not stated that it was due and owing. Having obtained a Possession Order, the tenant appealed alleging the notice was defective, but the appeal was dismissed on the basis the Court confirmed the Section 8 Notice does not need to contain word for word the wording set out in the 1988 Act for it to be an effective Notice and as such the omission of a statement that the rent was lawfully due, was not fatal.
If you require further information on this topic, please contact Peter Corrigan.