Nat Duckworth & Stephanie Tozer explain why notices continue to provide a fertile battleground for litigators
Notices are required in many situations in landlord and tenant law, either by the terms of the lease or by statute. Although the situations in which a notice is required are varied, there are common requirements which must be complied with for the notice to be valid.
The form & content of the notice
Form refers to the physical form of the notice—for example, must it be in writing? On green paper? These requirements are generally mandatory, so if they are not complied with, it is likely the notice will be invalid. Although the authors are not aware of any authority to this effect, it is generally considered that a notice given by e-mail will satisfy the requirement of a notice in writing.
So far as content is concerned, it is well known that the notice must be construed against the available background in considering whether any requirements as to content are met.
There are, however, few authorities in relation to what the available background includes
