As a follow-up on the new contracting-out regime, it is worth making the point that T’s ‘simple declaration’ (or his statutory declaration) can be made either by himself or by his ‘authorised agent’. But, do not forget that the initial notice to be served by L must be served on T alone (ie it cannot be served on an authorised agent).
However:
‘If the notice is served on the agent, and the agent is specifically referred to as such in a covering letter, and the T itself (ie not the agent) makes the declaration, then it is extremely unlikely that T could argue it was not properly served. T will have stated in its declaration that it received the notice, read it and accepted its consequences, which must count as ‘proof’ of service. This will also avoid any arguments that the agent was not authorised to accept service as even if they were not, the declaration would ratify the acceptance of service by the agent. In this case, however, L may want to insist that the declaration is actually signed by the T (even though there is no requirement for it to do so).’ Source: Business Tenancies: The New Law – A Practical Guide to the Changes to the Landlord and Tenant Act 1954 PT II, Jacqui Joyce, Lovells. £35. To order call 020 7396 9313 or e-mail
