The tenant served by recorded delivery a counter-notice. On the day it was first delivered, nobody was available to sign for it. The landlord claimed it was out of date.
Held: The statutory fiction was just that. A letter was deemed to be served on the it would have been served in the normal course of events. Delay caused by the recipient being unavailable to sign for it did not affect the date on which it was deemed to be delivered.
Judges:
Mr Justice Patten
Citations:
Times 06-Jun-2002, Gazette 06-Jun-2002, Gazette 13-Jun-2002, [2002] EWHC 925 (Ch), [2002] 1 WLR 2849
Links:
Statutes:
Law of Property Act 1925 196(4)
Jurisdiction:
England and Wales
Landlord and Tenant
Updated: 20 November 2022; Ref: scu.467209
