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Errors and typos in Notices

When it comes to Statutory Notices, unfortunately, sometimes typos and other errors happen – this often leaves the sender of the Notice in an uncomfortable position, not knowing whether that error or omission has invalidated the Notice. In the case of Pease v Carter & Anor [2020] EWCA Civ 175, the Court of Appeal faced that question and gave judgement accordingly. In the case of Pease, a Notice pursuant to Section 8 of the Housing Act 1988 (to do with a residential tenancy) contained a typographical error – it stated that the Court proceedings would not begin until after 26 November 2017, whereas the intended date was 26 November 2018. The validity of the Notice was challenged by the Tenant and ultimately the matter progressed up to the Court of Appeal. The main judgement was given by Lord Justice Arnold who drew four conclusions on the law:

A Statutory Notice is to be interpreted as it would be understood by a reasonable recipient reading it in context.
If a reasonable recipient would appreciate that a Notice contained an error and could understand what meaning the Notice was intended to convey, then that should be how the Notice is to be interpreted.
The Court should also consider whether, if so interpreted, the Notice complies with the relevant statutory requirements and this involves considering the purpose of those requirements.
However, even if the Notice does not precisely comply with the statutory requirement, it could still have substantially the same effect as a prescribed form if it nevertheless fulfils the statutory purpose.

In the case of Pease, the Court ultimately concluded that “Given that the date of 26 November 2017 was an obvious typographical error and that a reasonable recipient would have understood that the intended date was 26 November 2018, I consider that the Notices did serve the statutory purpose of giving the Tenants at least two weeks’ warning of the commencement of proceedings”. The Appeal Court held that the Notice was still valid, despite the typographical error. The case of Pease will give Landlords, their Letting Agents and lawyers some comfort that in certain circumstances errors contained on Statutory Notices and, potentially, the use of, for example, an outdated statutory form or one which has been slightly modified either in error or on purpose by the sender, can be valid nonetheless.