When serving a unilateral notice of severance by post, s196 LPA 1925 states:
Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to … and if that letter is not returned … undelivered…
What is a registered letter/registered post? I cannot seem to find any statutory definition. Does this have to be recorded delivery, i.e. signed for, or does normal first class post (Royal Mail) suffice?
The issue with ‘signed for’ delivery is that there is a likelier chance the notice returns undelivered, and hence the severance is not valid. With first class post, the notice is effective at the time the letter would be delivered in the ordinary course of post.
How do members usually serve a unilateral notice of severance where the other co-owner is not willing to sign and acknowledge receipt?
I Will Solicitors Ltd