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ARTICLE · 19 FEBRUARY 2025

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The decision in Khan v D'Aubigny [2025] EWCA Civ 11 is interesting as the first decision at this level on deemed service under section 7 of the Interpretation Act 1978, but is equally important for the approach taken...

United KingdomReal Estate and Construction
Adam Smith-Roberts
Adam Smith-Roberts

The decision in Khan v D'Aubigny [2025] EWCA Civ 11 is interesting as the first decision at this level on deemed service under section 7 of the Interpretation Act 1978, but is equally important for the approach taken to the meaning of a 'notice' under a tenancy agreement.

As anyone who deals with possession proceedings (any plenty of those who don't) will know, service of notices and other documents is often key to establishing the right to possession. It is also one of the matters that is often disputed and often botched. So deemed service is something very valuable to a landlord.

Section 7 of the Interpretation Act 1978 ('IA 1978') provides for a form of deemed service in certain circumstances as follows:

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