Finally, we have some clarity on the tricky but important issue of service of notices to quit (NTQ) on the Public trustee after a tenant has died. Do they have to be served at the same time as they are served on the property (as a County Court decision of HHJ Luba QC found) which means even a few days delay makes the NTQ defective? Or is there any leeway? The Court of Appeal in this Gateway cases found that as long as the NTQ is served on the property address and a copy is served on the public trustee before the expiry of the NTQ (which is usually a month) it is valid.
Beware though - legal aid is being applied for to seek permission to appeal to the Supreme Court. It is though a binding decision for now.
The judge agreed with one of these ground and ruled that the notice served to Mr Ali’s relative is the operative document and so long as the public trustee receives a copy before that notice expires, it is compliant.