Statutory notices and Mannai
Statutory notices and Mannai

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Statutory notices and Mannai
  • Types of error

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 was obvious or evident and, second, whether notwithstanding that error the notice read in its context is sufficiently clear to leave a reasonable recipient in no reasonable doubt as to the terms of the notice…’

In that case, an error relating to the termination date in the section 20 notice under the Housing Act 1988 (HA 1988) was evident; preceding the commencement date and being plainly the date of the notice. The letter accompanying the notice made clear beyond doubt that what was contemplated was a tenancy of six months certain. The Court of Appeal subsequently held in the case of Speedwell Estates v Dalziel that while Mannai should also apply to statutory notices, it would not save a notice