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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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Property Notices: Validity and Service 2nd ed

ISBN13: 9781846612923
Previous Edition ISBN: 9781846610295
Published: August 2011
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Hardback
Price: £91.99

In stock.

Notices play a prominent role in every property lawyer's practice. A client's legal rights will often be exercised by the service of a notice (eg by the service of a notice to quit, a break notice, a rent review notice a leasehold enfranchisement notice, a notice to complete, a notice exercising an option, or a ‘section 25 notice’ determining a business tenancy).

The invalidity of a notice, or a failure to effect service of a notice, can have disastrous consequences: for example, a right to break a lease, or an entitlement to challenge a proposed new rent or a premium payable, might be irrevocably lost. Moreover, an invalid notice will frequently imply a negligent lawyer.

Yet the principles determining the validity of notices, and the rules governing service, are poorly understood. Property Notices: Validity and Service 2nd ed provides the definitive account of this important area of law.

This new edition has been extensively revised and updated and now includes commentary on:-

  • the principles relating to the waiver of defects in notices;
  • the rule that a consensual “withdrawal” of a notice to quit or break notice creates a new tenancy;
  • the law relating to the computation of time for the service of a notice; and
  • the service of notices under ss 17-18 of the Law of Property (Miscellaneous Provisions) Act 1994.

Property Notices: Validity and Service is the only work dedicated to this core area of practice and will be essential reading for all property lawyers.

Property Law, Landlord and Tenant Law
Identifying the Requirements of a Valid Notice
The Interpretation of Notices
Common Issues
Waiver, Estoppel and the Withdrawal of Notices
Service at Common Law
Service Pursuant to Contractual Provisions
Methods of Service Authorised by Statute