Most private rentals in the UK are let under an Assured Shorthold Tenancy (AST). If a landlord wants their property back, they must serve the tenant with a notice seeking possession under either Section 21 or Section 8 of the Housing Act 1988.
But what happens if there are errors in a notice seeking possession? Is it just an admin slip-up, or can it make the notice invalid and stop a landlord from regaining possession?
Are Mistakes in a Section 8 or Section 21 Notice Fatal?
The type of notice a landlord serves depends on the reason for ending the tenancy. But the requirements are strict, and even small mistakes — such as the wrong rent amount or incorrect dates — can cause real problems. In some cases, a notice can be declared invalid.
Case Study: Section 8 Notice Errors
Talbots were instructed by a landlord whose tenant had stopped paying rent.
- Rent was set at £750 per month.
- By the time we were instructed, arrears had built up to £12,100.
- The tenant was served with a notice seeking possession under Section 8 of the Housing Act.
- When the tenant failed to leave, the landlord started court proceedings.
At first, the judge suggested this mistake could make the notice invalid and therefore the landlord’s claim for possession would be struck out / dismissed.
The Legal Test: Pease v Carter
We relied on the case of Pease -V- Carter [2020] EWCA Civ 175, where the Court of Appeal considered whether a notice with errors should always be thrown out.
The court asked: Would a “reasonable recipient” (in this case, the tenant) still understand the purpose of the notice, even though there were mistakes? If the answer is yes, the notice may still be valid.
Talbots argued that:
- The tenant knew the true rent (including the discount).
- The tenant knew they hadn’t been paying what was due.
- The purpose of the notice — to recover rent arrears under Section 8 — was clear despite the error.
The court, applying the case of Pease -V- Carter, agreed with Talbots submissions and found that despite the errors within the notice, the tenant / recipient would have understood the purpose of the notice seeking possession and subsequently made an order for possession in favour of the landlord.
Key Takeaway for Landlords
This case shows that errors in a notice seeking possession don’t always make it invalid. If the tenant clearly understands what the notice is about, the court may still uphold it.
However, the “reasonable recipient” test is open to interpretation, and outcomes can vary from case to case. The safest option is always to ensure that every detail in a Section 8 or Section 21 notice is 100% accurate before it’s served.
If you’re a landlord and need advice on serving a Section 8 or Section 21 notice seeking possession, or want peace of mind that your paperwork is correct, speak to our Dispute Resolution Team today.
Disclaimer
The contents of this blog or any other published by Talbots Law cannot be considered as legal advice. You should take no action without prior consultation with a qualified solicitor or legal professional. The contents of this blog refers to the process in England and Wales.