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can I serve a section 21 notice to my tenant by email?

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Author Topic: can I serve a section 21 notice to my tenant by email?  (Read 127 times)
Newbie
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« on: July 28, 2022, 05:23:26 PM »

can I serve a section 21 notice to my tenant by email? Is this recognised practice, i.e. would the courts see it as proper? I had intended copying another recipient as a witness too.
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« Reply #1 on: July 28, 2022, 06:24:49 PM »

I would send a letter by post,keeping proof of postage,then send an email as well.Even if you think the tenant is not at the rental address,that is the one to use.
Full Member
Posts: 115

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« Reply #2 on: July 29, 2022, 10:44:55 AM »

What does your tenancy agreement say about notices?

Generally the answer is - unless your tenancy agreement says not -  you can probably serve most notices by email (the courts generally being in favour of modern methods of communication), but it's not recommended because you can't presume they've been delivered, whereas first class post is presumed to have been delivered after two working days.

Personally I'd never serve any important notice by email.
Newbie
Posts: 17

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« Reply #3 on: August 03, 2022, 08:05:48 AM »

Technically you can send a notice via email because Section 21 has to be served in a written format. However like with other users on here I wouldn't recommend that you do that as a single source of deliving your notice.

You should also send a first class tracked and recorded letter via royal mail and get proof of postage from the post office.
Also hand deliver the form to the property in an envelope with the tenants' names and address on.

(When I have hand delivered important documents before I took a photo of it outside the property for my records.)
Full Member
Posts: 217

Landlord - always learning

« Reply #4 on: August 03, 2022, 12:39:50 PM »

can I serve a section 21 notice to my tenant by email? Is this recognised practice, i.e. would the courts see it as proper? I had intended copying another recipient as a witness too.

My tenancy agreements (based on OpenRent's agreement) includes these clauses to explicitly allow serving via email:

Quote
Notices

13.2. Any notice served upon the Tenant by the Landlord pursuant to this agreement or any statute or regulation
must be served in writing and will be deemed sufficiently served if sent by registered post or first class post to or
left at the Premises. Notices served by recorded delivery post, or prepaid first class post to the Premises, shall
be deemed to have been properly served and received by the Tenant on the second day after posting (or if that
day is not a working day on the next working day), or in the case of notices left at the Premises on the next
working day after delivery.

13.3. The Landlord and the Tenant agree that notices pursuant to this agreement may be served on the other
party by email. The email addresses for notice are:

Landlord: xxxx@xxxx

Tenant: yyyy@yyyy

13.4. Notice served by email shall be deemed sufficiently served if it is sent to the Tenant or the Landlord at the
email addresses identified above in this agreement and no notification of failure to deliver that email is received.
Notices served by email will be deemed served on the next working day after sending.

Full Member
Posts: 115

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« Reply #5 on: August 03, 2022, 01:36:08 PM »

If, based on these clauses, a landlord's notice is served by email, it won't be valid because of 31.2.
While a tenant's notice could be served because of 13.3 and 13.4

Has someone added 13.3 and 13.4 to an existing document?
Full Member
Posts: 217

Landlord - always learning

« Reply #6 on: August 03, 2022, 01:57:27 PM »

If, based on these clauses, a landlord's notice is served by email, it won't be valid because of 13.2.
While a tenant's notice could be served because of 13.3 and 13.4

Has someone added 13.3 and 13.4 to an existing document?

Clauses 13.3 and 13.4 are as per the original document.

Before e-signing, the document says:

Quote
13.3. The Landlord and the Tenant agree that notices pursuant to this agreement may be served on the other
party by email. The email addresses for notice are:

Landlord: (Notice email visible once signed)
Tenant: (Notice email visible once all tenants have signed)

I'm not (yet) understanding the logic you are using to reach your conclusions about validity.

It seems to me that "Any notice served upon the Tenant by the Landlord pursuant to this agreement or any statute or regulation
must be served in writing
" is satisfied by serving a paper copy by post (13.2) or by hand (13.2), or by sending an email (13.3 & 13.4).


« Last Edit: August 04, 2022, 01:09:32 PM by HandyMan »
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