The landlord appealed a determination that various notices as to service charge and in respect of Section 20B of the Landlord and Tenant Act 1985 had not been validly served.

The First Tier Tribunal determined that the deemed service provisions of Section 196 of the Law of Property Act 1925 did not apply and the presumption of service under Section 7 of the Interpretation Act 1978 did not apply. The lease provided that the 1925 Act applied to any “notice under this lease”.

The Upper Tribunal disagreed. They accepted that the “under2 had a wide meaning. Further it was not necessary to prove every step given the presumption of service if the landlord could show the notice was properly addressed, pre paid and posted as was the case here.
Essentially this means it may be more difficult for leaseholders to raise arguments over none receipt of notices unless they have compelling evidence as to the same.


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