The service game
Series: Estates Gazette ; (0403) 17 January 2004, 99(1)Publication details: 2004Subject(s): Summary: Examines the problem of serving notices between landlord and tenant, particularly where strict time limits apply. Notices under the Landlord and Tenant Act 1927 s23 can be served by sending them by recorded delivery. If sent by recorded delivery, then service is deemed to take effect when the notice is posted, not when it is received. Refers to case law, particularly "C A Webber (Transport) Ltd v Network Rail Infrastructure Ltd" ([2003] EWCA Civ 1167, [2004] 1WLR 320) which supports the use of the date sent, not the date received, as the date that a notice is served. However, this is felt to be unfair, as it allows a notice to be served at a time when the server knows that it cannot be received until after the designated time limit.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS67525 (Browse shelf(Opens below)) | 1 | Available | 125263-1001 |
Examines the problem of serving notices between landlord and tenant, particularly where strict time limits apply. Notices under the Landlord and Tenant Act 1927 s23 can be served by sending them by recorded delivery. If sent by recorded delivery, then service is deemed to take effect when the notice is posted, not when it is received. Refers to case law, particularly "C A Webber (Transport) Ltd v Network Rail Infrastructure Ltd" ([2003] EWCA Civ 1167, [2004] 1WLR 320) which supports the use of the date sent, not the date received, as the date that a notice is served. However, this is felt to be unfair, as it allows a notice to be served at a time when the server knows that it cannot be received until after the designated time limit.