They had applied to the court for an interim rent which was considered a waiver of any defect. The Court of Appeal held by a majority that the landlords were also estopped from denying the validity of the s 26 notice as they had, innocently, led the tenants for over a year to believe that they would not oppose the grant of a new tenancy. By the time the landlords sought to challenge the validity of the s 26 notice the tenant's position had so altered that the court felt it would be unfair to allow the notice to be challenged and a new tenancy opposed. Robert Highmore is head of the property litigation unit at Radcliffes, London SW1. The safest course is immediately to object on clear grounds, but also to take the appropriate next step as if the notice were valid, stating that this step is without prejudice to the contention that the notice received is defective.
Situations vary greatly and no single rule applies.
What to do if you have served a possibly defective notice Obvious minor defects will not invalidate a notice. Serving a second notice without prejudice to the validity of a doubtful first notice may give rise to other complications, particularly if proceedings have to be issued. However, as speed may be essential, serving a second notice in this way immediately may be a useful precaution as reliance on the first notice may later be abandoned after detailed consideration of the position. Readers are advised to take professional advice before taking any action based on this article.