Service of notices under the lease

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Service of notices under the lease

    A commercial tenancy specifies that all notices served under the lease must be sent registered/recorded post unless otherwise acknowledged by the recipient.

    Does a letter enclosing a rent statement showing arrears and notification of intention to instruct a surveyor to do schedule of dilaps count as a "notice"? No court action or mention of forfeiture proceedings are in the correspondence.
    All posts in good faith, but do not rely on them

    * * * * * ** * * * * * * * * * * * *

    You can search the forums here:

  • #2
    Not quite sure what "unless otherwise acknowledged by the recipient" can mean. Perhaps we can see exactly what the relevant clause says.

    Comment


    • #3
      Originally posted by Lawcruncher View Post
      Not quite sure what "unless otherwise acknowledged by the recipient" can mean. Perhaps we can see exactly what the relevant clause says.
      Thanks. Here is the relevant part

      "9.6 Notices
      9.6.1 Form and Service of Notices
      A notice under this lease must be in writing and unless the receiving party or his authorised agent achnowledges receipt is valid if and only if:
      9.6.1.1 it is given by hand sent registered post or recorded delivery or sent by fax provided a confirmatory copy is given by hand or sent by registered post the same day
      and
      9.6.1.2 it is served
      (a) [does not apply]
      (b) where the receiving party is the Tenant and not such a company at the Premises
      (c)[does not apply]

      9.6.2 Deemed delivery
      9.6.2.1. By registered post or recorded delivery
      A notice sent by registered post or recorded delivery is to be treated as served on the third working day after posting whenever, and whether or not, it is received
      ..."

      There is no definition of "acknowledge" in the lease.
      All posts in good faith, but do not rely on them

      * * * * * ** * * * * * * * * * * * *

      You can search the forums here:

      Comment


      • #4
        A notice under this lease must be in writing and unless the receiving party or his authorised agent achnowledges receipt is valid if and only if:

        The words in red are most unfortunate. If notice is served other than as specified the validity of the notice depends on the person receiving it acknowledging it. What has happened is that the draftsman has said to himself: "The law is that, unless the method of service is mandatory, a notice is served if it actually reaches the recipient and if the recipient acknowledges it he must have received it." He has then gone on, quite unnecessarily, to try and incorporate what is the position in any event and in the process confused the issue horribly.

        Anyway, none of the above is really relevant to your question. I think you have already half-guessed the answer. I think a "notice" has to be something formal which has some effect, such as the exercise of a right, setting some procedure in motion or the necessary first step in taking some action. I do not think that merely writing to the tenant to tell him that you intend to do something would count. An exception would be if the lease requires notice - and then the draftsman has rather tied your hands as to the method of service in respect of any notice required under the lease.

        Comment


        • #5
          Thanks for your reply.

          The reason I was feeling cautious was that the tenant has never actually acknowledged any of my complaints that I have made known in writing (by writing back to me) and when I speak to him face to face, he doesn't say much in reply ! We have basically muddled along. It's been trying to get the most important bits sorted out as any response takes an age. It's only recently that I have noticed that clause so wondered if they have been playing a bit of a game with my requests over the years.
          All posts in good faith, but do not rely on them

          * * * * * ** * * * * * * * * * * * *

          You can search the forums here:

          Comment

          Latest Activity

          Collapse

          • Garage let on verbal agreement, three months rent unpaid
            Jerseytina
            Hi - I am new to this site, we have let out our garage without any agreement in place, only verbal. The tenant has not paid for 3 months and is refusing to communicate although he is picking up messages. Are we legally entitled to sell the contacts of the garage which includes a car!

            Thank...
            17-07-2017, 11:47 AM
          • Reply to Garage let on verbal agreement, three months rent unpaid
            islandgirl
            Bet you don't need to go any further than sending the letter (2 post offices, cert of posting from each just to be belt and braces in case you do have to do so). The person will surface red faced and angry as soon as he gets the letter. Just ensure he can't get the stuff in the garage until you have...
            20-07-2017, 17:36 PM
          • Commercial rent review, expert report
            desamax
            Hi i am in the process of a rent review being done by an independent valuer. They have requested the below statement. I am representing myself on this occasion, can anyone advise the best way for me to compile with the request to be my own expert witness and complete the below to satisfaction?
            ...
            13-07-2017, 13:55 PM
          • Reply to Commercial rent review, expert report
            desamax
            Hi again, I need to draw up an " Agreed statement of facts" on the property and the comparable properties.
            I obtained the information on my properties sq m from the vendors agent and the VOA web site, that was exactly the same size wise .
            I obtained the comparable properties info...
            20-07-2017, 14:49 PM
          • Reply to Garage let on verbal agreement, three months rent unpaid
            ram
            See Guide_to_tenants_possessions_left_at_property__LLS _.pdf
            http://www.landlordlegalsolutions.co...erty__LLS_.pdf

            Torts starts on page 3.
            Because you should be able to change the lock, and take possession of building for notified rent arrears, you then have possession of everything
            ...
            20-07-2017, 13:50 PM
          • Reply to Garage let on verbal agreement, three months rent unpaid
            islandgirl
            Send a torts interference with goods notice to the person - find the legal wording and explain that if goods not moved by a certain date you will sell them and use the proceeds to pay unpaid rent for the garage etc. Anything left over will be returned to the tenant after all costs. Usually this makes...
            20-07-2017, 12:39 PM
          • Tenant with environmental health issues.
            superstardeejay
            We rent out light industrial units and empty, enclosed yards to small businesses. Recently we took on a tenant who runs a skip-hire business. They have 2 skip lorries and a bunch of skips. Filled skips are brought back to site and the rubbish sorted, and taken to the scrap yard.

            THe...
            07-07-2017, 16:04 PM
          • Reply to Tenant with environmental health issues.
            islandgirl
            Ah ok sorry to hear that. I thought they might have some kind of machinery you could serve a tort notice on. All I can suggest is writing to them to give them a certain length of time to clear the skips (you would have to allow entry just for this) and telling them that if it is not done you will do...
            20-07-2017, 12:36 PM
          • Reply to Tenant with environmental health issues.
            superstardeejay
            There's no building, it's a yard. Currently there are around 30 skips full of stinking rubbish and quite a bit strewn around the yard....
            20-07-2017, 08:51 AM
          • Reply to Garage let on verbal agreement, three months rent unpaid
            ram
            As no one has answered.

            No you cannot sell someone elses property.
            When you say it's your garage, where is it, as you are in Commercial Property questions

            Is it your house garage ?, Is it your leasehold flat garage ( which you cant let out )
            Or is it your business
            ...
            20-07-2017, 08:23 AM
          Working...
          X