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We have been served with an abatement notice at our hotel.

Customer Question
The notice has not been...
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: 2 years ago.Category: UK Law
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6/11/2015
Solicitor: Thomas Judge, Solicitor Advocate replied 2 years ago
Thomas Judge
Thomas Judge, Solicitor Advocate
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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.
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Solicitor: Jo C., Barrister replied 2 years ago
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70,653
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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?
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Customer reply replied 2 years ago
No it is unsigned and not dated
Solicitor: Jo C., Barrister replied 2 years 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
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Customer reply replied 2 years 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?
Solicitor: Jo C., Barrister replied 2 years ago
They do have to prove the date of service. Obviously it should be dates.
They could prove that on other ways though.
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