Commercial Tenancies – Method of Serving Notice

In my recent article ‘Commercial Tenancies – Serving Notice Correctly’ dated 17 August 2010, I looked at the importance of serving the notice correctly, and the recent case of Batt Cables PLC v Spencer Business Parks Ltd [2010] CSOH 81.

I have subsequently received some enquiries regarding the method of serving the Notice, and I will now look at this in detail.

Section 196(4) of the Law of Property Act states that the Notice must be sent by registered post.

Section 196(4) was amended by the Recorded Delivery Service Act 1962 (c. 27), and section 1 of this Act states that any Act (such as section 196 of Law of Property Act 1925) which requires a document to be sent by registered post will be authorised for the document to be sent by registered post or by recorded delivery.

Therefore the Notice should be sent by registered post or recorded delivery.

This makes sense, as the above two methods of post ensure that the Notice is delivered to the address on the letter. That way, the Landlord cannot deny having received the Notice. The Court is not interested if the Landlord has not checked his post, since as far as it is concerned, that is not an excuse. These two methods also provide the sender with proof of posting the Notice, and this can later be produced to the Court as evidence of service.

Other Ways to End the Business Tenancy

The lease can also be ended where both parties to the lease agree to a surrender. This is effected by a Deed of Surrender, and as with all legal documents, it is recommended that a legal advisor is consulted in relation to this.

share this Article

Share on facebook
Share on twitter
Share on linkedin
Share on whatsapp
Share on email

Recent Articles