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Housing Act 1985, Section 177 is up to date with all changes known to be in force on or before 10 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)A notice served by a tenant under this Part is not invalidated by an error in, or omission from, the particulars which are required by regulations under section 176 to be contained in the notice.
(2)Where as a result of such an error or omission—
(a)the landlord has mistakenly admitted or denied the right to buy or the [F1right to acquire on rent to mortgage terms] in a notice under section 124 or 146, or
(b)the landlord F2. . .has formed a mistaken opinion as to any matter required to be stated in a notice by any of the provisions mentioned in sub-section (3) and has stated that opinion in the notice,
the parties shall, as soon as practicable after they become aware of the mistake, take all such steps (whether by way of amending, withdrawing or re-serving any notice or extending any period or otherwise) as may be requisite for the propose of securing that all parties are, as nearly as may be, in the same position as they would have been if the mistake had not been made.
(3)The provisions referred to in subsection (2)(b) are—
section 125 (notice of purchase price, etc.),
F3. . .
[F4section 146 (landlord’s notice admitting or denying right to acquire on rent to mortgage terms).]
F3. . .
(4)Subsection (2) does not apply where the tenant has exercised the right to which the notice relates before the parties become aware of the mistake.
Textual Amendments
F1Words in s. 177(2) substituted (11.10.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 20(1); S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).
F2Words in s. 177(2)(b) repealed (11.10.1993) by 1993 c. 28, s. 187(2), Sch. 22; S.I. 1993/2134, arts, 2, 4(b), Sch. 2 (with saving in Sch. 1 para. 4(1)).
F3Entries in s. 177(3) repealed (11.10.1993) by 1993 c. 28, s. 187(2), Sch. 22; S.I. 1993/2134, arts. 2, 4(b), Sch. 2 (with saving in Sch. 1 para. 4(1)).
F4Entry in s. 177(3) substituted for entries (11.10.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 20(2); S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).
Modifications etc. (not altering text)
C1Ss. 176, 177, 180, 181 applied by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(1), Sch. 5 Pt. I para. 5(6)
C2S. 177 excluded by Housing Act 1988 (c. 50, SIF 61), ss. 122(4), 123(4)
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