Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Appeal dismissed as failure to sign termination notice treated as excusable error
|
or click here to request site subscription to search and view all judgments |
The High Court dismissed an appeal challenging the validity of a residential tenancy termination notice on the grounds that the notice was allegedly unsigned by the landlord. The tenant sought to overturn a decision by the Residential Tenancies Board that found the omission of a signature to be a correctable slip, not rendering the notice invalid. The Court determined that, even accepting the incomplete documentation before the tribunal, such an omission could be excused where no material prejudice to the notice was shown and all substantive requirements for termination were met. The Court found no error of law or procedural unfairness, and refused all relief sought by the tenant, also indicating a provisional order for costs against her.
residential tenancies – termination notice – lack of landlord signature – slip or omission – Residential Tenancies Act 2004 – section 62 – section 64A – appeal on a point of law – ultra vires – material prejudice – quashing of determination – adequacy of reasons – costs order
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
