Modern Times – Modern Terms
_____
If ground rent and service charge demands are not served correctly, your leaseholders are not obliged to pay them. It is therefore vital that we get service right.
Our policy is the serve demands in the following manner:
- By standard first-class or second-class post; and
- In addition, if we have any email address for the leaseholder, we may serve by email.
It is for the person sending the demand to establish service. When served by standard first-class or second-class post, we can rely upon section 7 of the Interpretation Act 1978 (section 7). This provides that, unless the contrary is proven, the demand will be deemed served in the ordinary course of post provided we can show:
- The demand was correctly addressed;
- The postage for the letter was pre-paid (i.e. it was franked, or stamps added for the correct postage before it was sent); and
- The demand was actually posted.
It is the ability to rely upon section 7 which leads to our advice that demands should not be served by email alone, but to use email as an additional method of service. However, we understand that some leaseholders prefer to receive correspondence via email.
Where a leaseholder requests service via email alone:
Where the leaseholder requests service by email alone, we will obtain a written signed record of the leaseholder’s agreement to the service of the demand to an agreed email address. In the following format:
Waiver:
I agree that all ground rent and / or service charge demands, and any other notices required under the lease and/or statute, can be validly served upon me via the stated email below:
Your Name:
Your email:
Signed:
Dated:
As mentioned above, there is a risk associated with serving demands via email alone. However, we do want to try and assist with leaseholders’ preferences. However, we would like your agreement that Wishtower Limited will be free of liability for any issues that may arise as a result of a dispute regarding the validity of service/non-service of the aforementioned demands and/or notices and that you, as our client, will indemnify Wishtower Limited in respect of any costs and or claims that may arise as a result of any such dispute.