I am acting on behalf of a client where we wish to sever the tenancy of a jointly owned property.
The notice of severance has been prepared and it has been sent to the address for the co-owner twice by recorded delivery and both times it has been returned to us saying “addressee unknown”.
Having checked the tracking information, it says that the letter was refused. Where does this leave me in terms of severing the tenancy with the land registry?
Many thanks
Hi Rachel
Sometimes it pays not to be too efficient!
If you are aware of the last known address for the joint owner, simply post the severance by first class post. (Personally we usually retain a ‘certificate of posting’, but even that is not essential.)
Service is deemed to be paid as per the relevant act which brighter minds I am sure will be able to quote. I would not be content in arguing valid service if the post is returned especially if it says “addressee unknown”.
The act of severance requires that notice be delivered to the other joint proprietor. It does not require that the OJP actually receives it and reads it. Where there was the potential for marital difficulties and 1 spouse wished to sever, I would hand deliver the notice to the property where the other spouse lived and then send a statement by me as to delivery and a copy of the severance notice with the application for a Form A restriction to HMLR. The application was always successful.
There was a case where spouse 1 (S1) was seriously ill in hospital and wished to sever the joint tenancy to protect their share. A notice was duly delivered to the property. On learning that S2 had unexpectedly died, S1 instructed their solicitor to retrieve the severance notice, the solicitor finding it unopened on the doormat. S1 hoped that they would then inherit by survivorship but it was ruled that mere delivery had effected the severance and S2’s share passed under their Will.
Think Graeme may be referring to Kinch v Bullard [1999] 1 WLR 423 HC
Malcolm Finney