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Subject: Validity of Break Clause in Residential Lease, Wales - Incorrect Year Date
Hello,
Since I take heavy medication, when serving my tenant a break notice five months ago, I input the correct date but mistakenly wrote the year as 2023 instead of 2024. In normal circumstances, I understand that this error would render the notice invalid if it provided less than six months' notice as per the lease. However, an email and recorded delivery clearly informed them that this notice is not less than six months, as we provided six months and 10 days from the date, albeit with the incorrect year.
Do honorable senior members think this is valid? I read on this website that a similar court case held such a notice valid.
Exceptions to the general rule are important to consider. For instance, in the case of Doe d. Cox v. Roe (1803) 4 Esp. 185, a landlord gave a notice to quit for "the premises which you hold of me... commonly called or known by the name of The Waterman’s Arms." However, the only property let by the landlord to the tenant was a public house called The Bricklayer’s Arms, and there was no public house in Limehouse called The Waterman’s Arms. Despite this discrepancy, the notice was held effective in respect of the tenancy of The Bricklayer’s Arms, as the case was treated as one of latent ambiguity.
Another example pertains to errors in dates specified in a notice. If it is evident from the face of the notice that the date was stated in error for the valid date intended by the giver of the notice, such as through a simple typing error, the given date can be construed as a reference to the actual date.
Source: https://england.landlordsguild.com/a...te-on-notices/
Thank you.
Hello,
Since I take heavy medication, when serving my tenant a break notice five months ago, I input the correct date but mistakenly wrote the year as 2023 instead of 2024. In normal circumstances, I understand that this error would render the notice invalid if it provided less than six months' notice as per the lease. However, an email and recorded delivery clearly informed them that this notice is not less than six months, as we provided six months and 10 days from the date, albeit with the incorrect year.
Do honorable senior members think this is valid? I read on this website that a similar court case held such a notice valid.
Exceptions to the general rule are important to consider. For instance, in the case of Doe d. Cox v. Roe (1803) 4 Esp. 185, a landlord gave a notice to quit for "the premises which you hold of me... commonly called or known by the name of The Waterman’s Arms." However, the only property let by the landlord to the tenant was a public house called The Bricklayer’s Arms, and there was no public house in Limehouse called The Waterman’s Arms. Despite this discrepancy, the notice was held effective in respect of the tenancy of The Bricklayer’s Arms, as the case was treated as one of latent ambiguity.
Another example pertains to errors in dates specified in a notice. If it is evident from the face of the notice that the date was stated in error for the valid date intended by the giver of the notice, such as through a simple typing error, the given date can be construed as a reference to the actual date.
Source: https://england.landlordsguild.com/a...te-on-notices/
Thank you.
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