Archive for the ‘service’ Category

Periodic tenancy: service of notice to quit on the tenant’s solicitor

September 7, 2014

In Hau Gay Yau v Wong Muk Din ([2014] HKEC 1456, CA) a landlord served notice to quit to determine a periodic tenancy on the solicitor acting for the tenant. The Court of Appeal, overturning the first instance decision, held that the notice had been validly served. Sections 62(2) – (4) of the Conveyancing and Property Ordinance do not exclude other modes of service than those that they specify ([22]). It was clear that the solicitors on whom the notice had been served had been instructed by the tenant in relation to this matter ([23]). The tenant’s actions showed that he regarded his solicitors as having had authority to receive the notice ([23]).

Michael Lower

Service of notice to quit on agent living at the property

April 26, 2013

In Tanham v Nicholson ((1871 – 72) L.R. 5 H.L. 561, HL) L served notice to quit on T’s daughter who lived at the property. She could be thought of as T’s agent. She never told her father of the notice and it was destroyed soon after service. She knew of the contents of the notice. It was held that the notice had been validly served. The agent living at the property has implied (ostensible?) authority to accept service.