UK Landlord Forum / Life

Hi

This is about serving section 21 notices

It does not stipulate in the AST tenancy agreement that I can serve notices by email, but I have it in writing that my tenant agrees to this. I also served it by having it posted through the letter box a few days later and have written confirmation that both are received. Because I said in the N5B that I served the notice when the email was sent and not when it was posted through the letter box, I am a bit worried. It has been a few weeks now and have heard nothing from the court. Is the service invalid? Any views on this?

Carsten

The court system is fubar right now.
I'd not expect to hear anything at all for a few weeks.

@jpkeates  Yeh, I read somewhere that the process takes 10-12 weeks so I will be patient.

Answering my own question, I found just now that according to CPR PD 6A, para 4.1, it is ok to use email as long as you hsve prior written consent, which I have. Maybe should have sent the proof with the documents to the court though. Any thoughts anyone?

IMO it is okay to serve notices via email if the tenancy agreement permits this. However, you will need to have either a read receipt set up or an email response from the tenant to say that they have received it as the notice can be inadvertently directed to the recipients junk folder. You have used the belt and braces approach and served notice by both email and posting it through the letter box. I would just add that you should have served using both methods on the same day and taken a someone with you when posting to both witness and take a photo of you posting the notice. If it goes to court everything has to be water tight or it will be thrown out.

Quote from: CJ64 on May 31, 2023, 09:20:07 AM
IMO it is okay to serve notices via email if the tenancy agreement permits this.

However, you will need to have either a read receipt set up or an email response from the tenant to say that they have received it as the notice can be inadvertently directed to the recipients junk folder.

I agree with your first sentence but not necessarily with your second for a couple of reasons:

1. Many email clients block the return of read receipts to the sender, either as a matter of policy, or by the action of a setting that gives the user the choice to block them. So you cannot rely on this to say whether an email has been received and read.

2. The tenancy agreement may well contain words to the effect of:

Quote
- 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: <landlord's email address>
Tenant: <tenant's email address>

- 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.

This is akin to the situation when sending by post:

Quote
- 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.

i.e. it is not necessary to have confirmation that the notice has been received (although of course it's helpful if you can get that).

Handyman

I have to agree with you. In reality if I were to serve an eviction notice I would do it by post or as I live close to my properties I would deliver it personally by hand and have someone to witness it.