When serving notice in anticipation of possession proceedings, you should avoid enclosing a covering letter with the notice.
In Mundy v Hook (CC (Bromley)) County Court (Bromley) [1997] C.L.Y. 3246, the landlord had served a section 21 notice, and the notice (which was perfectly valid) was accompanied by a letter stating that it was very likely that they would not wish for possession at the end of the period.
The landlord stated that this notice protected his position.
It was held that as a matter of construction, the s.21(1)(b) notice and accompanying letter were to be read together and were equivocal.
The notice was not good in law. A tenant must know with certainty whether he is required to quit, particularly since, under the 1988 Act, the landlord can utilise an accelerated possession procedure.
Severe prejudice could be caused to a tenant if such possession followed an equivocal statutory notice. We have also seen an accompanying letter requesting that the tenant vacate on a different date than the notice, which can cause serious issues.
The same principle will apply to a section 8 notice served from 1 May 2026 under the changes made by the Renters' Rights Act 2025.
