A notice served under s25 of the 1954 Act, being sent by recorded delivery to the tenant at its place of abode, was irrebuttably deemed to have been served on the day it was posted. Section 23 of the 1927 Act operated to disapply section 7 of the 1978 Act. Such an implication did not infringe the tenant’s human rights. Lex Services stood alone against a list of cases to the effect that where a notice was sent by one of the primary methods set down in s23, it was deemed to have been served, and s7 had no application.
Peter Gibson and Longmore LJJ
Times 05-Aug-2003, [2004] 1 WLR 320, [2003] EWCA Civ 1167
Landlord and Tenant Act 1927 23, Limitation Act 1978 7, Human Rights Act 1998, Landlord and Tenant Act 1954 25
England and Wales
Citing:
Per incuriam – Lex Services plc v Johns 1990
The section in the earlier Act was modified to give effect to the 1978 Act. . .
Cited – Sun Alliance and London Assurance Ltd v Hayman 1975
. .
Cited – Chiswell v Griffon Land and Estates Ltd CA 1975
Megaw LJ said: ‘Section 23 of the Landlord and Tenant Act 1927 lays down the manner in which service of a notice can be effected. It is provided, as what I may call at any rate the primary means of effecting service, that it is to be done either by . .
Cited – Italica Holdings SA v Bayadea 1985
. .
Applied – Galinski v McHugh 5-Oct-1988
A landlord’s notice under section 4 of the Landlord and Tenant Act 1954 had been served on the tenant’s solicitors, who had confirmed that they had authority to accept service. Later the tenant challenged the validity of the service.
Held: . .
Cited – Railtrack Plc v Gojra and Gojra CA 28-Nov-1997
The tenant served two notices under the Act.
Held: The tenant’s application was out of time. If the first notice was valid, a later notice did not act to restart time running and the application for a new tenancy had to be begun within four . .
Cited – Commercial Union Life Assurance Co Ltd v Moustafa 1999
A landlord gave notice to the original lessees of business premises, under section 17 of the 1995 Act. It was sent by recorded delivery to the lessees’ last known residential address but was returned to the sender by the Royal Mail. Nevertheless the . .
Cited – Blunden v Frogmore Investments Ltd CA 30-Apr-2002
The tenant had a lease of business premises. The premises were damaged in a terrorist attack, and the landlord served a notice terminating the lease. The lease gave the right to the landlord to determine the lease if the property was incapable of . .
Cited – Beanby Estates Ltd v Egg Stores (Stamford Hill) Ltd ChD 9-May-2003
The landlord had served a notice under the 1954 Act. The tenant served a counter notice, but the question was whether he was late, or out of time.
Held: The combination of the various provisions meant that the landlord’s notice had irrevocably . .
Cited by:
Cited – Freetown v Assethold Ltd CA 14-Dec-2012
A party to an arbitration under the 1996 Act disputed whether the award had been served so as to leave that party out of time to appeal.
Rix LJ spoke of the common law as requiring proof of receipt, whereas the Interpretation Act deemed receipt . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Human Rights
Updated: 17 January 2022; Ref: scu.185687