Service of notices by housing action trust: HA 1988 s. 91
HA 1988 s. 91 sets out service methods for housing action trust notices: delivery, leaving at proper address, post, or affixing to land if unknown.
This section has effect in relation to any notice required or notices. authorised by this Part of this Act to be served on any person by a housing action trust. Any such notice may be served on the person in question either by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address. Any such notice may— in the case of a body corporate, be given to or served on the secretary or clerk of that body; and in the case of a partnership, be given to or served on a partner or a person having the control or management of the partnership business. For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person to or on whom a notice is to be given or served shall be his last known address, except that— in the case of a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of that body; and in the case of a partnership or a person having the control or management of the partnership business, it shall be that of the principal office of the partnership; and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be its principal office within the United Kingdom. If the person to be given or served with any notice mentioned in subsection (1) above has specified an address within the United Kingdom other than his proper address within the meaning of subsection (4) above as the one at which he or someone on his behalf will accept documents of the same description as that notice, that address shall also be treated for the purposes of this section and section 7 of the Interpretation Act 1978 as his proper address. If the name or address of any owner, lessee or occupier of land to or PART III on whom any notice mentioned in subsection (1) above is to be served cannot after reasonable inquiry be ascertained, the document may be served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section applies when a housing action trust needs to serve a notice under Part III of the Housing Act 1988. It sets out the acceptable ways to deliver that notice.
You can serve an individual by delivering the notice to them personally, leaving it at their proper address (usually their last known address), or sending it by post to that address. For a company, serve the secretary or clerk at the company's registered or principal office. For a partnership, serve a partner or someone with control or management at the partnership's principal office.
If the person has given a different address in the UK for accepting documents, that address is treated as their proper address. If the name or address of an owner, lessee, or occupier cannot be found after reasonable inquiry, you can serve the notice by leaving it with someone who lives or works on the land, or by affixing it conspicuously to a building or object on the land.
When it applies
- A housing action trust sends a notice to a tenant by post to their last known address.
- The trust cannot find the address of a leaseholder after reasonable inquiry, so they affix the notice to a building on the land.
- A corporate tenant has specified an address for service in the UK, so the trust uses that address.
- A partnership is served by leaving a notice with a partner at the partnership's principal office.
- A notice is delivered to a person personally by a trust officer.
What this section does not say
- Notices served by a private landlord or other non-housing action trust body.
- Notices under Part IV of the Housing Act 1988 (right to buy).
- Court documents or legal proceedings.
- The content or timing of the notice, only the method of delivery.
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This page reproduces the text of HA 1988 s. 91 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.