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james bruce
james bruce, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 4771
Experience:  Owner at James Bruce Solicitors
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I have been a tenant of grazing pasture for 4 years. They

Customer Question

I have been a tenant of grazing pasture for 4 years. They claim to have served notice in 2019. I never received this. I only found out on the 13th May that the land was going to auction on 2nd June this year. They have never mentioned this since and have continued to take annual rent. My contract says 6 months notice. They argue it was served correctly and have proof of postage. This I argued is not proof of receipt. Do I have any case to argue against their treatment?
JA: Where are they? It matters because laws vary by location.
Customer: Land in Cambridgeshire and land is 4 acres I’ve been tennant for 13 years
JA: What steps have they taken so far?
Customer: I’ve sent several emails. Their latest reply said they believe notice correctly served and therefore tenancy ends on 11th June.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Agents I’m dealing with are working for church commissioners
Submitted: 11 days ago.
Category: Property Law
Expert:  james bruce replied 11 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Expert:  james bruce replied 11 days ago.

If the landlord has served correct notice on the tenant and has proof that notice was served, then the notice is valid.

There are laws and rules that govern this area of law.

Deemed service is the date calculated in accordance with Civil Procedure Rules (CPR) part 6.14 that is used by the Court as the delivery of a court form or document.

First class post - The second business day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that:

PostedDeemed Served

MondayWednesday

TuesdayThursday

WednesdayFriday

ThursdayMonday

FridayMonday

Therefore, if they have proof of postage, then the document is legally deemed served two days later.

Customer: replied 11 days ago.
the fact I didn’t receive it means nothing!
Expert:  james bruce replied 11 days ago.

Sorry to say it is deemed as served under the legal postal rule.

Expert:  james bruce replied 11 days ago.

Can I assist or clarify anything further?

Expert:  james bruce replied 11 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.