Q&As

Can you suggest other methods of service or other wording that will get round the issue of the Landlord being outside of the UK? Currently the notice clause provides for the usual position that the Law of Property Act 1925, s 196 shall apply to any notices served under the lease. I understand that notice served to an address outside of the UK will not be validly served under section 196.

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Published on: 04 January 2016
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We note that the Law of Property Act 1925, s 196 (LPA 1925) (section 196) is expressly incorporated into the lease (and will also apply where a lease is silent on service—see our Practice Note: Break clauses and notices—service). However, as you say, a notice served to an address outside the UK will not be validly served under section 196 on the basis that the LPA 1925, s 196(3) and (4) requires the notice to be sent to the last-known place of abode or business (ie registered office address) in the UK.

See Encyclopaedia of Forms and Precedents—11 Lease—office building—with or without land—no adjoining property owned by landlord, clause 8.8.1.2.(c),

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