000 01527cam a2200181 4500
001 ABS60804
008 000000n1999 000 0 eng u
035 _a(Sirsi) u101299
245 _aCommercial Union Life Assurance Co Ltd and another v Moustafa and another.
260 _c1999
490 _aEstates Gazette Law Reports
_v(1999) 24 EG 155-160(6)
520 _aQBD 20 March 1999. The defendants (M) were lessees of business premises for a term of 20 years, but assigned the lease to T. The lease was subsequently forfeited for arrears of rent, and the solicitors for the plaintiffs (C) sent M a notice under the Landlord and Tenant (Covenants) Act 1995 s17 claiming arrears of rent, service charge and insurance premiums. The notice was sent by recorded delivery to the last known abode of M, but was returned by the Post Office undelivered. The notice contained an error in the way interest on rent arrears was calculated, and an application for summary judgement and a determination of a point of law was originally dismissed on the grounds that the notice had not been validly served. C appealed. "Held" Appeal allowed. A notice under s17 was validly served if it is sent by recorded delivery to the recipient at his last known address, whether it is received by the recipient or not. The error in the notice did not affect the claim for arrears of rent.
650 _aASSIGNMENT
650 _aRENT ARREARS
650 _aSECTION 17 NOTICE
690 _aLANDLORD AND TENANT-CASE LAW-BUSINESS TENANCIES
942 _n0
999 _c60450
_d60450