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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69790
Experience:  Over 5 years in practice.
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We have been served with an abatement notice at our hotel.

Customer Question

We have been served with an abatement notice at our hotel. The notice has not been signed or dated by the responsible officer...it is therefore null and void and will they have to issue another? Thanks. Mary
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas Judge replied 1 year ago.
Thanks for your question. Please remember to rate once you get my answer.
I am not convinced that it is as simple as that to consider that it is null and void. In light of the fact that when served with an abatement notice it is inherent on you to either deal with the issue or apply to the Court to have it set aside, I would be minded to contact the LA and put them on notice that you consider it to be defective in that it has not been signed/dated.
Expert:  Jo C. replied 1 year ago.
Hi
Thank you for your question. My name is ***** ***** I will try to help with this.
it is signed by any other person or on his behalf?
Customer: replied 1 year ago.
No it is unsigned and not dated
Expert:  Jo C. replied 1 year ago.
Thanks.
This does not make it null and void. You will find the legislation here
http://www.legislation.gov.uk/ukpga/1990/43/section/80
and it does not require that it be signed at all.
What you could do is ask them to prove at court that it is genuine although obviously that is a huge risk.
There is case law on what makes these things defective and it literally has to be such that you cannot understand that it is for you or from who it comes. This does not go that far.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Yes, I have 21days to appeal, because this document is not signed or dated does this not have to be made clear when the notice was actually served?
Expert:  Jo C. replied 1 year ago.
They do have to prove the date of service. Obviously it should be dates.
They could prove that on other ways though.