s20 Written Notice to each tenant -- which address ?

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    s20 Written Notice to each tenant -- which address ?

    The Service Charges (Consultation Requirements) (England) Regulations 2003 provide as follows:-

    The landlord shall give notice in writing of his intention to carry out qualifying works—
    (a)to each tenant ...

    At which address is the notice to be given ? If the premises are sub-let, is the notice validly given by post at the premises, even though the tenant lives abroad ?

    The previous managing agent only ever communicated with the tenant's agent in E&W, but the new agent says that the previous agent gave it the premises address as the tenant's address.

    #2
    The short answer is that at any address that you have. Service on the property is usually sufficient and the lease may hsve a clause under section 196 of the law of property act 1925 allowing you to do that. A condition of consent to underlet can be an address in E & W, but it might be too late to do that.

    If the tenant tried to challenge service as long as you did all that you reasonably could do, using the information given by the tenant, the court or LVT will normally support you. It is risky to rely on just the property unless genuinely that is all that you have.

    You could ask the lender to pass it on.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

    Comment


      #3
      I would of thought that when the lease was first entered into you would have an address for the leaseholder and its upto him to inform you if he moves, so send it to that address and the property address, they may even be the same.

      Andy
      Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

      I do not accept any liability to you in relation to the advice given.

      It is always recommended you seek further advice from a solicitor or legal expert.

      Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

      Comment


        #4
        Thanks for that. Between posting and seeing your reply I had fathomed that s196 LPA 1925 governed service of notices where the Lease was silent.

        However, I do not see that s196 permits notice by post at the flat, only "affixed or left for him on the land" or posted to the "last place of abode or business in the UK".

        Do you agree ?

        Comment


          #5
          Posting is left for him on the land- your difficulty is proving that they got it via the post man.

          That's why I suggest you get it to any address that you know about- they are then hard pressed to say why they were not notified, if you have taken all reasonable steps.
          Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

          Comment

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