By virtue of s5(1) of the Protection of Eviction Act a tenant, as well as a landlord, who wishes to service notice to quit in respect of premises let as a dwelling must give not less than 4 weeks notice. In this case the tenants notice fell short of the required four weeks and was therefore invalid. However, the landlord waived the requirements of the notice by accepting the keys and taking back the property. The issue arose in the context of possession proceedings brought after the tenant had failed to leave. The tenant sought to rely on his own invalid notice. Held: He was not entitled to do so. The landlord was entitled to accept the short notice and had done so.
