The service of notices by commercial property managers in England and Wales: Lessons for property and legal professionals

Abstract

Purpose

The purpose of this paper is to critically review recent developments in the judicial approach to the preparation, service, and receipt of notices associated with the management of commercial property in England and Wales. It raises awareness of the range of problems that may be encountered in seemingly routine matters of language, and makes recommendations for practitioners in the form of a checklist of issues to be considered prior to issuing or responding to the various notices.

Design/methodology/approach

The paper employs critical analysis of settled case law and associated professional commentary.

Findings

The paper notes the speed with which the law continues to develop in these areas. In the light of this, it concludes that practitioners need to be far more aware of their obligations when serving or responding to the various forms of statutory or contractual notice than has hitherto been the case. The archaic language used in the drafting of leases is found to be a confounding issue, although it is demonstrated how this can be managed by paying close attention to critical detail.

Originality/value

The paper combines an examination of the relevant legal principles with a commentary on contemporary practices in the commercial property sector in order to make practical recommendations for professionals in an important area of real estate consultancy work.

Citation

Mansfield, J. (2009), "The service of notices by commercial property managers in England and Wales: Lessons for property and legal professionals", International Journal of Law in the Built Environment, Vol. 1 No. 3, pp. 244-254. https://doi.org/10.1108/17561450911001298