As you know, section 196 of the Law of Property Act 1925 includes a “deeming” provision for the service of notices: a letter is deemed to have been served at the time at which the letter would, in the ordinary course of the post, be delivered.
The recent case of Beanby Estates Ltd v Egg Stores (Stamford Hill) Ltd [2003] PLSCS 111 says something quite different in relation to notices sent, pursuant to the Landlord and Tenant Act 1954, by recorded delivery. Neuberger J held that a notice served by one of the following methods is deemed to be served on the day upon which it is sent:
- Personal service
- Leaving the notice at the last-known place of abode or business
- Recorded delivery
