ABSTRACT
If, after serving a s 25 notice, the landlord discovers that it is defective in some way, eg, it has been incorrectly served or it contains an error, the s 25 notice cannot be withdrawn. Instead, consideration should be given to serving a fresh s 25 notice. If the error is a minor one, a decision may be taken that there is no need to take such action, although this is potentially dangerous. Where the error is serious, the landlord should serve a new s 25 notice on the tenant. This new s 25 notice should be served ‘without prejudice’ to the validity of the original s 25 notice. If the original s 25 notice later turns out to be invalid, this second s 25 notice will then come into play (Keith Bailey Rogers and Co (A Firm) v Cubes Ltd (1975) 31 P & CR 412; Smith v Draper [1990] 2 EGLR 69, CA).
