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Landlord Legal Issues December 2015

Landlord & tenant lawyer, Tessa Shepperson of www.landlordlaw.co.uk answers your questions

Q. My tenant has refused to accept delivery of a notice sent by recorded delivery. Is it validly served or not?

A. It depends. If your tenancy agreement provides for service of notice by recorded delivery, then it may be. It is arguable that if a tenant has signed to say (effectively) that they agree to service by recorded delivery, they cannot then negate that by refusing to accept delivery. The landlord will have done his part by arranging for the recorded delivery service.

However, this argument cannot be run if this method of service is not provided for in the tenancy agreement. Also I always think it is better if you are able to show that the document has actually reached the tenant, and the Judge may also be hostile to allowing any method of service where it is clear that the tenant has not received the notice. So I would suggest that you also arrange for it to be served by alternative methods.

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