Q&As

What is the effect of an unsigned section 42 notice seeking a lease extension? Is the notice deemed withdrawn or invalid?

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Published by a ½Û×ÓÊÓƵ Property Disputes expert
Published on: 29 March 2023
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Any notice which is given by any tenants or tenant under Part I of the Leasehold, Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) must be signed by or on behalf of each of the tenants, or (as the case may be) by or on behalf of the tenant, by whom it is given (LRHUDA 1993, s 99(5)).

In Mannai v Eagle Star, the House of Lords upheld as valid a contractual break notice containing an obvious error on the ground that a reasonable recipient would not have been misled by the mistake.

In the Court of Appeal case of York v Casey it was held that there was no material distinction between the approach to the validity of notices in a case involving a notice in a statutory context and the approach in Mannai in a contractual setting; as stated by Peter Gibson LJ:

‘…Accordingly, what the court must do is to see whether the error in the notice

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United Kingdom
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