Chaddlewood House, Clement Road
- What was applied for
- A determination under section 84 of the Commonhold and Leasehold Reform Act 2002 that the RTM company was entitled to acquire the right to manage, decided on the papers.
- The figures
- Claim notice dated 28 May 2025, posted 29 May, found given 2 June, counter-notice deadline specified 4 July. Right to manage takes effect, subject to appeal, 22 July 2026.
What Happened
The claim notice specified 4 July 2025 as the counter-notice deadline. The freeholder objected on one ground only, that the notice specified a date earlier than one month after the relevant date. Its evidence was that its office was shut over a weekend and for two religious holidays, and that an employee first saw the notice when the post was opened on 4 June. The whole case turned on the date the notice was given. The decision describes the building not at all.
What the Tribunal Held
The notice was given on 2 June 2025, so it complied and the sole ground failed. Applying the deemed service provisions of the Interpretation Act 1978, which govern service under the 2002 Act, the tribunal held the presumption is rebuttable but that the respondent's evidence concentrated on when he received the claim notice rather than when it was delivered to the address, and that it is for the respondent to show the notice was not delivered on the deemed date. It had not so proved. In the ordinary course of things post will be delivered whether anyone is present or not on the day it is delivered.
What it means for a block here. A landlord who wants to defeat a claim notice on timing must prove the notice was not delivered to the address on the deemed date. Evidence that nobody was in the office to open it is not enough.