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Last edited 06 Jan 2021
Failure to notify tenant
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 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.
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