Law Of Property Act 1925 Section 196

What is known colloquially as the Section 196 Rules under the Law of Property Act 1925 refers to the service of documents. 

This section sets out circumstances under which a notice served on a landlord or tenant is considered served without having to offer proof that it was received. The notice is deemed served — even if the other party never actually received it.

Section 196 sets out how a legal notice can be properly served on a tenant and states that a notice is properly served if:

• It is left at the last known address of the tenant. Doing this with an independent witness can be helpful.
• It is “affixed or left for them” – this usually means being physically put through the letterbox or adhered to the door. Many process servers will stick the notice with tape over the door lock, so the document must be removed before the tenant can unlock the door.

Sending a document by registered post or recorded delivery is also acceptable under the Section 196 rules, but only if the letter is not returned as either undelivered or not accepted by the addressee. A tenant can refuse to accept delivery.

Papers in court proceedings are not included under the Section 196 rules, nor are claim forms in proceedings for possession. However, Section 196 does cover possession notices served before a claim starts.

It is usually better to clearly define how documents should be served in the tenancy agreement. Section 196 of the LPA 1925 is a catch-all for those cases where there is no provision or a tenant is being problematic.