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Agricultural Tenancies Act 1995

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This is the original version (as it was originally enacted).

36Service of notices

(1)This section applies to any notice or other document required or authorised to be given under this Act.

(2)A notice or other document to which this section applies is duly given to a person if—

(a)it is delivered to him,

(b)it is left at his proper address, or

(c)it is given to him in a manner authorised by a written agreement made, at any time before the giving of the notice, between him and the person giving the notice.

(3)A notice or other document to which this section applies is not duly given to a person if its text is transmitted to him by facsimile or other electronic means otherwise than by virtue of subsection (2)(c) above.

(4)Where a notice or other document to which this section applies is to be given to a body corporate, the notice or document is duly given if it is given to the secretary or clerk of that body.

(5)Where—

(a)a notice or other document to which this section applies is to be given to a landlord under a farm business tenancy and an agent or servant of his is responsible for the control of the management of the holding, or

(b)such a document is to be given to a tenant under a farm business tenancy and an agent or servant of his is responsible for the carrying on of a business on the holding,

the notice or document is duly given if it is given to that agent or servant.

(6)For the purposes of this section, the proper address of any person to whom a notice or other document to which this section applies is to be given is—

(a)in the case of the secretary or clerk of a body corporate, the registered or principal office of that body, and

(b)in any other case, the last known address of the person in question.

(7)Unless or until the tenant under a farm business tenancy has received—

(a)notice that the person who before that time was entitled to receive the rents and profits of the holding (“the original landlord”) has ceased to be so entitled, and

(b)notice of the name and address of the person who has become entitled to receive the rents and profits,

any notice or other document given to the original landlord by the tenant shall be deemed for the purposes of this Act to have been given to the landlord under the tenancy.

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