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 landlord contended that there had been good service under section 23(1) of the 1927 Act.
Held: The court preferred the approach in Galinski v McHugh


Smedley J


[1999] 2 EGLR 44


Landlord and Tenant (Covenants) Act 1995 17


England and Wales


PreferredGalinski 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: . .
CitedRailtrack 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 by:

CitedC A Webber (Transport) Ltd v Railtrack plc CA 15-Jul-2003
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 . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 06 December 2022; Ref: scu.182410