Q&As

Are there specific service rules which apply to s20 notices which would state what the correct address for service of the s20 notice is if a tenant has two addresses, and by way of previous course of dealings, the landlord has always served on the tenants 'home' address and not the address the s20 notice relates to?

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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk
Published on LexisPSL on 03/12/2015

The following Property Q&A produced in partnership with Georgia Whiting of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Are there specific service rules which apply to s20 notices which would state what the correct address for service of the s20 notice is if a tenant has two addresses, and by way of previous course of dealings, the landlord has always served on the tenants 'home' address and not the address the s20 notice relates to?

The consultation requirements set down by the Landlord and Tenant Act 1985, s 20 (LTA 1985) is defined LTA 1985, s 20ZA(4) as meaning ‘requirements prescribed by regulations made by the Secretary of State’. The relevant regulations are the Service Charges (Consultation Requirements) (England) Regulations 2003/1987 (as amended). The 2003 instrument, however, sets down no rule for service of a notice (although it does provide rules for service of responses to the consultation on the landlord).

Given that the relevant provisions lay down no particular rule in this regard, reference must be made to the general law of service of notices in the context of property. The Law of Property Act 1925, s 196 (LPA 1925) begins by providing as follows:

(1) Any notice required or authorised to be served or given by this Act shall be in wr

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