Housing Act 1985

177Errors and omissions in notices.

(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 right to be granted a shared ownership lease in a notice under section 124 or 146, or

(b)the landlord or the Housing Corporation 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.),

  • section 135 (notice of mortgage entitlement),

  • section 147 (notice of initial contribution),

  • paragraph 1(3) of Schedule 8 (notice of additional contribution), and

  • paragraph 5 of Schedule 9 (notice of entitlement to further advance).

(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.