The tenant took on a weekly tenancy in 1975 of Wandsworth under an ‘Acceptance of Offer of Accommodation’. The document made no provision for service. The tenant left for America leaving A as a caretaker. Wandsworth ended the tenancy serving a notice under the 1997 Act by post both at the property and at his address in the US. The tenant denied receiving either. The landlord claimed that service was deemed by section 196(2) of the 1925 Act. The tenant now appealed against the order for possession.
Held: The appeal succeeded. Section 196 only applied to a provision in an instrument and did not affect a mode of service specified in an Act. There could be no deemed service of a notice to quit under the 1977 Act.
Glidewell LJ, Waite LJ
Ind Summary 22-May-1995, (1995) 27 HLR 536
Law of Property Act 1925 1963-3, Protection from Eviction Act 1977
England and Wales
Updated: 09 June 2021; Ref: scu.90280
