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TraceyMR
24-11-2005, 13:15 PM
I am today issuing notice to my tenant under section 21. I need him to have received it before the 1st as that is the new rent period.

Do I need to get any proof that he has received it - I was going to send registered post. Would that be sufficient and where would I stand if he refused to sign/go to the post office for it. (we are having problems contacting him etc.).

Thanks for any advice

Tracey

P.Pilcher
24-11-2005, 14:37 PM
It has been posted here before that a landlord satisfies the requirements of delivery of such a notice if it is despatched by registered post or recorded delivery even if the tenant realises what the document is, refuses to accept delivery and thus to sign for it. The search engine should provide the appropriate case reference. Another alternative which has been mentioned is to post identical copies of the notice to the tenant's address from two different post offices, keeping the certificates of posting of course. It is held that a judge will accept that one notice may get conveniently lost in the post but not two...

P.P.

MrWoof
24-11-2005, 17:14 PM
From Blunden v. Frogmore Investments Ltd [2002]

The tenant thus disputed the validity of the notice. He gave evidence that he had been away from home at the time, and, on his return had found a communication from the post office that it held a recorded delivery item. However, by the time the tenant became aware of this the recorded delivery items had been returned to the landlord's solicitor as undelivered. The tenant also stated that he had not seen the notice on the premises because he was forbidden to go near them due to the dangerous nature of the buildings. The judge in the court below dismissed the tenant's claim on the ground that there had been good service of the notices. The tenant appealed.

The Court of Appeal unanimously agreed that the landlord had validly served the notices pursuant to section 23 of the 1927 Act. They held that section 23 of the Landlord and Tenant Act 1927 permits service by recorded delivery to the tenant's last-known place of abode, whether or not it is returned by the Post Office.

Robert Walker LJ, in a passage that, in my view, underscores all of these cases, said: “Notice is not the same as knowledge. But the evident purpose of requiring notice to be given to a particular person is that the contents of the notice should be communicated to, and become known by, that person. Nevertheless, there is no doubt that both statutory and contractual provisions may lead to the position that a valid notice has been given, even though the intended recipient does not know of the notice (and is not at fault in not knowing about it)…. the object of section 23 of the 1927 Act, as incorporated into the 1954 Act is not to protect the person upon whom the right to receive the notice is conferred by other statutory provisions. On the contrary, section 23(1) is intended to assist the person who is obliged to serve the notice, by offering him choices of mode of service which will be deemed to be valid service, even if in the event the intended recipient does not in fact receive it".

Paul_f
24-11-2005, 23:07 PM
Your AST should have a clause within it to explain to the tenant how Notices are to be served on him and what constitutes delivery, otherwise a judge might throw it out if the information wasn't conveyed to him beforehand.

lucid
25-11-2005, 00:24 AM
Paul is this only applicable to s21 notices or does it apply to other notices, this came up on another thread with reference to a notice of increase re a fair rent increase?