399Service of documents on persons having an interest in land or occupying land(1)

This section applies (in addition to section 398) where a provision contained in or made under this Act requires or authorises a notice or other document to be served on a person—

(a)

as having an interest in land, or

(b)

as an occupier of land.

(2)

Where the document is to be served on a person as having an interest in any land, and the name of the person cannot be discovered after making reasonable inquiries, the document may be addressed to the person as “the owner” of the land (which must be described).

(3)

Where the document is to be served on a person as an occupier of any land, it may be addressed to the person by name or as “the occupier” of the land (which must be described).

(4)

Subsection (5) applies—

(a)

where—

(i)

a document is to be served on a person as having an interest in any land,

(ii)

the person’s usual or last known place of residence cannot be discovered after making reasonable inquiries, and

(iii)

the person has not given an address for the service of the document, or

(b)

where a document is to be served on a person as an occupier of any land.

(5)

The document is to be treated as properly served if it is addressed to the person, clearly marked as an important communication affecting the person’s property, and is—

(a)

sent to the land using a registered post service or a recorded delivery service and not returned as undelivered,

(b)

handed to a person who is, or appears to be, resident or employed on the land, or

(c)

attached conspicuously to an object on the land.

(6)

This section is subject to any provision to the contrary made by or under this Act.