service of a notice

(a) Initiating the review Many rent review clauses provide for the procedure to be initiated by the service of a notice.

A landlord evicting a tenant should follow the correct legal procedure which normally requires the service of a notice, a possession order from the court and the bailiff's warrant.

The magistrates' return contained all that was needed to give them jurisdiction over the subject-matter: occupation of a parish house belonging to the hamlet and service of a notice to quit.

Standard Condition 6.6.5 provides that where a deposit of less than 10% is taken on exchange, the balance of the 10% becomes payable immediately on service of a notice to complete.

It is often forgotten that the service of a notice determining the tenant's tenancy under the Landlord and Tenant Act 1954, s25, is only the first step in the process of recovering possession.

Service of a notice of severance (see Precedent 12) would appear to be effective to sever the joint tenancy if properly addressed to the other joint tenant and received at the property concerned.

Helpfully, the council added that: 'It should be pointed out that this action would be taken against all allotment holders, whether or not any individual holder has had a bonfire prior to the service of a notice.

Service of a notice under s 146(1) for breach of covenant other than for non-payment of rent is essential if a right of re-entry or forfeiture for breach of such covenant is sought to be enforced.

If the lease requires the service of a notice, informal discussions between the parties are unlikely to be held to amount to a review of the rent (Esso Petroleum Co Ltd v Anthony Gibbs Financial Services Ltd (1983) 267 EG 351).