Failure to notify tenant
Landlords can often move their offices several times during a long lease, meaning that the original address for service of documents on them becomes obsolete.
When a landlord does so, it is important for them to inform their tenant(s) properly and not rely on the fact that communications may have subsequently passed between them at the landlord’s new address.
The case of Levett Dunn v NHS Property Services illustrates the point.
It involved a tenant that wished to exercise its right to break its lease and so gave notice to that effect to the landlords at the address set out in the lease.
The landlords did not want to accept the break of the lease and used as their argument that they had moved premises. They relied on the rule set out in the Law of Property Act 1925 that a notice is validly served if it has been delivered to the last-known place of abode or address. As the address in the lease was no longer the address of the landlords, they argued that the notice was invalid.
The High Court took the tenant’s side, ruling that it was reasonable for the tenant to assume that the address on the lease (which had not been changed in the property register at the Land Registry) was a valid address for service of the notice.
[edit] Find out more
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
New apprentice pay rates coming into effect in the new year
Addressing the impact of recent national minimum wage changes.
EBSSA support for the new industry competence structure
The Engineering and Building Services Skills Authority, in working group 2.
Notes from BSRIA Sustainable Futures briefing
From carbon down to the all important customer: Redefining Retrofit for Net Zero Living.
Principal Designer: A New Opportunity for Architects
ACA has launches a Principal Designer Register for architects.
A new government plan for housing and nature recovery
Exploring a new housing and infrastructure nature recovery framework.
Leveraging technology to enhance prospects for students
A case study on the significance of the Autodesk Revit certification.
Fundamental Review of Building Regulations Guidance
Announced during commons debate on the Grenfell Inquiry Phase 2 report.
CIAT responds to the updated National Planning Policy Framework
With key changes in the revised NPPF outlined.
Councils and communities highlighted for delivery of common-sense housing in planning overhaul
As government follows up with mandatory housing targets.
CIOB photographic competition final images revealed
Art of Building produces stunning images for another year.
HSE prosecutes company for putting workers at risk
Roofing company fined and its director sentenced.
Strategic restructure to transform industry competence
EBSSA becomes part of a new industry competence structure.
Major overhaul of planning committees proposed by government
Planning decisions set to be fast-tracked to tackle the housing crisis.
Industry Competence Steering Group restructure
ICSG transitions to the Industry Competence Committee (ICC) under the Building Safety Regulator (BSR).
Principal Contractor Competency Certification Scheme
CIOB PCCCS competence framework for Principal Contractors.
The CIAT Principal Designer register
Issues explained via a series of FAQs.