Landmark Ruling Changes How Landlords Must Serve Notices on Commercial Tenants

A court decision has recently upended decades of established practice in commercial property law, which may affect thousands of landlords and business tenants across England and Wales.

What Changed?

For years, landlords serving notices under the Landlord and Tenant Act 1954 (which governs business tenancies) could rely on a clear method: send the notice by registered post to the tenant’s last known address, and the job was done. Even if the tenant never received it, the notice was considered valid. This is in line with the provisions of s196 of the Law of Property Act 1925, which is commonly found in business leases.

The case of Lamba v London Borough of Enfield [2025] EWCH 3543 KB has now dramatically changed this assumption, and whilst it is likely to be challenged, it certainly raises something for us property lawyers to consider.

The Story Behind the Case

Mr Lamba ran an estate agency in Enfield under a business lease. In 2017, the London Borough of Enfield acquired the building and became his new landlord. What happened next led to a legal battle that may reshape commercial property law.

The Borough claimed they had properly served Mr Lamba with a Section 25 notice (a formal notice ending a business tenancy) and subsequently demolished the property. Mr Lamba sued for unlawful eviction, arguing he never received the notice and that, even if he had, it wasn’t served in accordance with the lease terms.

The Court’s Decision

The judge ruled in Mr Lamba’s favour, establishing a key principle: when a commercial lease specifies how notices must be served, that method becomes the only valid way to serve them — even for statutory notices under the 1954 Act.

The court stated: “There is no bar on the parties agreeing the method of service for notices… and to provide for a specified method of service to the exclusion of other methods of service, whether statutory or otherwise.”

In this case, the lease required compliance with Section 196 of the Law of Property Act 1925, which places the burden of proof on the landlord to show the notice was delivered. The Borough’s reliance on the older, more lenient Section 23 of the Landlord and Tenant Act 1927 was not enough, and, in oral judgment, the judge considered s196 of the Lease a mandatory provision (not a permissive one) and therefore took precedence over Section 23.

Why This Matters

This ruling has major implications for both landlords and tenants:

For Landlords

• You can no longer assume that sending a notice by registered post automatically makes it valid.
• You need to carefully review the service clause in each lease before serving any notice – is it a mandatory provision or is it permissive, i.e. could service by another method be deemed valid?
• Failure to follow the lease’s specified method could result in claims for unlawful eviction and substantial damages.
• The risk of non-delivery now falls on you, not the tenant.

For Tenants

• You have stronger grounds to challenge notices that were not served according to your lease terms.
• Your lease may provide better protection than you first realised
• If you’re evicted based on an improperly served notice, you may have a claim for unlawful eviction and should immediately seek specialist legal advice.

What Should Landlords Do Now?

If you own commercial property or manage business tenancies, consider carrying out these steps:

• Review all your leases to identify how service of notices is defined.
• Use professional process servers to hand deliver notices, and who can provide proof of service by way of an affidavit of service (a witness statement)
• Verify the correct address and authorised recipients before serving any notice.
• Keep extensive records of all service attempts, including dates, methods, and any delivery confirmations.
• Always seek specialist legal advice before serving important notices, particularly Section 25 notices ending tenancies.

The Bigger Picture

This case represents a shift toward a stricter interpretation of contractual terms in commercial leases. While it creates additional obligations for landlords, it also provides greater certainty and protection for business tenants who rely on proper notice to make important decisions about their premises.

The ruling acts as a reminder that in commercial property law, the devil truly is in the details. What might seem like standard boilerplate language in a lease might have profound consequences when it comes to serving notices.

Key Takeaway: Don’t assume that established methods of serving notices will always work. Check your lease first, follow its requirements precisely, and keep evidence that you’ve done so. When in doubt, seek professional legal advice.

This article is for general information purposes only and does not constitute legal advice. If you need specific guidance on serving notices or commercial lease matters, please consult a qualified solicitor.

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