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Notices - service

Note also the very many cases on statutory notices in the enfranchisement section of the site. See also Break clauses.

Section 196 of the LPA 1925

Blunden v Frogmore Investments Ltd
[2002] EWCA Civ 573

Facts

This case related to a building severely damaged by the IRA bomb in Manchester in 1996. L served a notice operating a break clause and a s25 notice. The lease imported s196 of the 1925 Act. The notices were served by attaching them to the building and by recorded delivery to the demised premises and to other addresses that L had for the tenant. Each of the posted notices was returned and T stated that he was unable to obtain access to the property at any relevant time because of security measures. None of the notices therefore came to his attention.

Held

The notices were validly served. There might be circumstances where a notice was not served in good faith in which case the landlord would not be able to rely upon s196 or s23 of the 1927 Act in relation to the s25 notice. However, this was not one of those cases. The case contains an extensive review of the authorities and is worth full consideration. The reasoning behind the statutory provisions was explained by Robert Walker LJ at para 28:
    "I accept that one of the purposes of these provisions is to establish a fair allocation of the risks of any failure of communication. The other main purpose is to avoid disputes on issues of fact (especially as to whether a letter went astray in the post ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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