Serving Notices During The Postal Strikes

Say what you see and do as it says. Attempts to think around a problem may create another, fatal, problem. Before a landlord terminates a lease in Scotland by irritancy (forfeiture) for failure to pay rent, he must give the tenant notice of that breach and an opportunity to remedy it. This is enshrined in statute, and sets out that the notice "shall be sent by recorded delivery."

The recent Court of Session ruling in Kodak Processing Companies Limited v Shoredale Limited [2009] CSIH 71 has confirmed how these pre-irritancy notices must be served, even during a postal strike. The service of such notices is crucial as they take effect without the consent of the tenant, providing they are served in the correct manner.