By Tom Weekes
In the UK, notices play a prominent role in every property lawyer's practice. A client's legal rights will often be exercised by the service of a notice (e.g. by the service of a notice to quit, a break notice, a rent review notice, a leasehold enfranchisement notice, a notice to complete, a notice exercising an option, or a 'section 25 notice' determining a business tenancy). The invalidity of a notice, or a failure to effect service of a notice, can have disastrous consequences: for example, a right to break a lease, or an entitlement to challenge a proposed new rent or a premium payable, might be irrevocably lost. Moreover, an invalid notice will frequently imply a negligent lawyer. Yet the principles determining the validity of notices, and the rules governing service, are poorly understood. Property Notices: Validity and Service provides the definitive account of this important area of UK law. This second edition has been extensively revised and updated and now includes commentary on: the principles relating to the waiver of defects in notices * the rule that a consensual "withdrawal" of a notice to quit or break notice creates a new tenancy * the law relating to the computation of time for the service of a notice * the service of notices under the UK's ss 17-18 of the Law of Property (Miscellaneous Provisions) Act 1994. This is the only work dedicated to this core area of practice and will be essential reading for property lawyers.
Publication Date: 8/1/2011