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Termination of Tenancies for Tenant Default - Law Commission

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22<br />

Proper address<br />

198<br />

Landlord and <strong>Tenant</strong> (<strong>Termination</strong> <strong>of</strong> <strong>Tenancies</strong>) Bill<br />

Schedule 3 — Giving and delivering notices<br />

(a) sent to a number or electronic address specified by the person to<br />

whom the notice is to be given as one at which he will accept the text<br />

<strong>of</strong> notices under this Act,<br />

(b) received in legible <strong>for</strong>m, and<br />

(c) capable <strong>of</strong> being used <strong>for</strong> subsequent reference.<br />

2 (1) This paragraph applies <strong>for</strong> the purposes <strong>of</strong> paragraph 1 and section 7 <strong>of</strong> the<br />

Interpretation Act 1978 (c. 30) (service by post) in its application to<br />

paragraph 1.<br />

(2) An individual’s proper address is—<br />

(a) his last known address in England and Wales,<br />

(b) any other address in England and Wales specified by him as one at<br />

which he will accept notices under this Act, or<br />

(c) if neither paragraph (a) nor paragraph (b) applies, the address <strong>of</strong> the<br />

demised premises.<br />

(3) A body corporate’s proper address is—<br />

(a) the address <strong>of</strong> its registered or principal <strong>of</strong>fice in England and Wales,<br />

(b) any other address in England and Wales specified by it as one at<br />

which it will accept notices under this Act, or<br />

(c) if neither paragraph (a) nor paragraph (b) applies, the address <strong>of</strong> the<br />

demised premises.<br />

Manner <strong>of</strong> delivering a notice to premises<br />

3 A notice under this Act may be delivered to premises by—<br />

(a) handing it to a person who lives or works at the premises,<br />

(b) sending it by registered post to the premises,<br />

(c) leaving it at the premises, or<br />

(d) fixing it to a conspicuous part <strong>of</strong> the premises.<br />

Timing <strong>of</strong> giving or delivery<br />

4 (1) A notice handed to a person under paragraph 1(1)(a) or (2)(a) (or paragraph<br />

3(a)) is to be treated as given (or delivered)—<br />

(a) if handed to the person be<strong>for</strong>e 5 p.m. on a working day, on that day,<br />

or<br />

(b) if paragraph (a) does not apply, on the next working day.<br />

(2) A notice sent under paragraph 1(1)(b) or (2)(b) (or paragraph 3(b)) is to be<br />

treated as given (or delivered) on the third day after it was sent.<br />

(3) A notice left under paragraph 1(1)(c) or (2)(c) (or paragraph 3(c)) is to be<br />

treated as given (or delivered) on the day after it was left.<br />

(4) A notice the text <strong>of</strong> which is sent under paragraph 1(1)(d) or (2)(d) is to be<br />

treated as given—<br />

(a) if the text is sent be<strong>for</strong>e 4 p.m. on a working day, on that day, or<br />

(b) if paragraph (a) does not apply, on the next working day.<br />

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