Commentary on Sections Miscellaneous and General Section 30 – Giving of notice to owners
130.Rule 9 of the Tenement Management Scheme contains detailed provisions on the giving of notices under the Scheme. Section 30 contains provisions on giving notices under the main part of the Act.
131.The ways in which notice may be given to an owner are set out in subsections (1) and (2)and provision for determining the date of giving notice, whether it is posted or sent electronically, is set out in subsection (4). These are consistent with the corresponding provisions in the Title Conditions Act. Under subsection (3), it will be sufficient for notice to be sent to the flat in question addressed to “The Owner” or a similar expression such as “The Proprietor”. The name of the owner may not be known, or the name may be known, but the owner’s whereabouts may be a mystery. But, in order to be able to rely on subsection (3), the person sending the notice will have to have made a reasonable enquiry as to where the owner is.