UK Landlord Forum / Life

If you serve a Section 13 notice to increase rent, on a tenant (on the correct date giving the appropriate 2 months notice) by hand,through the letterbox - can the tenant claim that she wants the dates changing as she was away on holiday for 5 weeks?

It was my understanding that the date it was served/dated/posted through the door (with photographic evidence) was what mattered, regardless of what date a tenant claimed to have read it.

I'd welcome any clarification. Thanks

The tenant's personal absence does not undo service if the notice was properly delivered to the property in accordance with the tenancy terms. A notice by hand is deemed to be served on the date delivered.

Out of interest, what if anything does your tenancy agreement say about the tenant leaving the property unoccupied for more than a certain number of days without first notifying the landlord? Often there is a clause about this because an empty property for more than e.g. 30 days may negate the buildings insurance.

Thanks very much for your reply, which coincides with what I thought. 

It's interesting that you picked up on the point about the length of time the tenant said she'd been away as I'd already made a note of that breach - their signed agreement states a 28 day period, although I don't know whether that will give me any more ammunition in the argument.

If you knew she was away on holiday and didn't also send the notice electronically, I could see a sympathetic judge agreeing that the notice was not properly served.

I understand the point you're making but I 'didn't' know she was on holiday as I wasn't informed. I didn't send notification by email as she has often claimed in the past that she hasn't received them.

Quote from: Carla on July 26, 2026, 09:28:39 PMI didn't send notification by email as she has often claimed in the past that she hasn't received them.

The tenant may well be lying about that. And she may be lying about being away on holiday for 5 weeks.

What exactly does your tenancy agreement state about methods of serving notices and the dates on which they are deemed served?

The tenancy agreement states that:

The tenant agrees that any notices, which need to be given in writing, may be served on the tenant/s by either being left at the property or by being sent to the tenant/s at the property by first class post. Notices shall be taken as being received the day after being left at the property or the day after posting.

Quote from: Carla on July 27, 2026, 10:47:33 AMThe tenancy agreement states that:

The tenant agrees that any notices, which need to be given in writing, may be served on the tenant/s by either being left at the property or by being sent to the tenant/s at the property by first class post. Notices shall be taken as being received the day after being left at the property or the day after posting.

Then why are you even asking us here?

In a factual, non-emotional letter, hand delivered or posted with proof posting:
1. Quote the above text (include the clause number for ease of reference).
2. State that the new rent of [£££] will apply from [date] in accordance with the Section 13 notice.
3. Inform the tenant they were in breach of clause [nn] and [quote the text] by not seeking prior approval (or whatever the clause says) before being away from the property for more than 28 days.

Don't get sucked into a debate with her.

If, on the relevant date, she doesn't pay the new rent, deliver a letter saying the rent is in arrears and give her 5 days to pay the shortfall.

Do not serve any "notices that need to be given in writing" by email because your tenancy agreement does not include that as an agreed option.

It does actually include e.mail but I just quoted the relevant postal clause. 

Your detailed advice is much appreciated (as is the warning about not getting sucked into a debate with her which I always end up doing).

Quote from: Carla on July 27, 2026, 08:21:49 PM... as is the warning about not getting sucked into a debate with her which I always end up doing

Your tenant knows exactly how to play you - and she will continue to do so, unless you change the way you interact with her.


Make sure that all communication is in writing, by email or letter only.

Do not answer any phone calls or voicemails from her.
Do not respond to any WhatsApp or SMS TEXT messages, etc. from her.
Simply send a reply by email that states all communication from her must be by email or by letter. Nothing more.

Reasons for the above:
- It's too easy to enter into a back and forth discussion by phone or in a messaging app.
- Phone or messaging discussions leave you little time to think and you'll find yourself responding to irrelevant issues.


Approach to take:
- Keep all emails or letters brief and factual. Write in a businesslike manner.

- Ignore any points she raises that are side issues; you are not obliged to answer everything she writes about.

- Keep in mind that your tenant (and particularly this tenant) is not your friend.

- Your tenant's problems are not your responsibility, unless they relate to a shortcoming that the tenancy agreement says you are responsible for. If the latter, then address the matter promptly - and remember the above points when you do.



It may seem hard to do this at first, but your life will be easier if you adopt this approach.

Thanks! I've taken your advice on board and will wait and see what happens when the new rent becomes payable🤞