"Service Called … 'Out!'" – Serving Notices Under LTA 1954

If there are two golden rules of thumb for serving property notices, they are:

• Rule 1: Never DIY – always instruct lawyers; and
• Rule 2: Always serve notices in multiple ways (i.e., by hand, 1st class, registered/special delivery).

Now most property litigators might say that notices under the LTA 1954 are an exception to 'Rule 2'. Why? Because special service rules (under section 66 LTA 1954 and section 23 LTA 1927) apply under which service by registered post/recorded delivery is pretty much bulletproof. Why? Because, if you address the notice correctly and you send by that method, long established Court of Appeal authority has held that the notice is deemed served when it goes into the post office system, whether or not it is actually received. If so, there's a marginal risk of that method failing so no need to serve in multiple ways.