WX Investments Ltd v Begg [2002] EWHC 925 (Ch) (13 May 2002)

WX Investments Ltd v Begg [2002] EWHC 925 (Ch) (13 May 2002)

Service of the counter notice is deemed to have occurred on the date delivery would ordinarily have taken place under s196(4), irrespective of actual receipt; the counter notice was served in time and the appeal is dismissed.

Citation
[2002] EWHC 925 (Ch)
Parties
Claimant: WX Investments Limited; Defendant: Khalida Begg; Part 20 Defendant: Peter J. Fraser
Jurisdiction
England and Wales
Judgment Date
13 May 2002
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Rent Review, Service of Notices, Implied Terms, Estoppel
Property Law Contract Law Rent Review Service of Notices Implied Terms Estoppel

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Parties

WX Investments Limited

Claimant

Khalida Begg

Defendant

Peter J. Fraser

Part 20 Defendant

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether a counter notice was validly served within the 14-day period under the lease
  2. 2 Interpretation of section 196(4) Law of Property Act 1925 regarding deemed service by recorded delivery
  3. 3 Whether an implied term requiring landlord to take reasonable steps to accept delivery exists

Ratio Decidendi

Service of the counter notice is deemed to have occurred on the date delivery would ordinarily have taken place under s196(4), irrespective of actual receipt; the counter notice was served in time and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; parties to be heard on form of order and costs if no agreement