Section 196 of the Law of Property Act 1925
- Section 196 notices This indicates the requirements to serve a valid notice notice ensuring that it is properly served.
- This might involve duplicate notices served in a variety of ways
- By hand in the presence of a reliable witness: logging the date, time, surroundings, those present, any responses then furnishing all this at court.
- Posting "first class" and registering the postage by recorded delivery. However, if a troublesome tenant refuses to accept notices then have it witnessed and hand delivered ideally by a process server.
- Email is so easy it acts as further evidence with a specific computer 'identifier' evincing receipt.
- Sending to the last known address is also valid.
- Taping a notice to a door following abandonment may also a requirement (it is prudent to tape over the lock evincing a tear in the paper should a tenant return to re-enter.
- Whether or not it is read is irrelevant as notices merely need to be served.
- Modern phones contain geo-tagging enabling additional evidence of photographs being taken at precise times, dates and places (via latitude and longitudinal references.
- Case law has influenced how judges are influenced by postage methods:
See also:
- post for previous tenants
- Redirecting mail
- mail and redirecting mail
- Proof of posting
Published: 29 September 2015
Last Updated: 28 December 2021