When serving notices and relevant documents to tenants, there can be numerous nuanced criteria determining whether a notice has been deemed correctly served. The incorrect service of a Notice or a document can lead to problems. Serving notice to the correct people and through the correct methods of service are the key ways in which these issues can be avoided.
On Whom Should Notice be Served?
Notice must be served to any person named as the Tenant on the Tenancy Agreement. Some agents will deem it acceptable to serve one Notice or a copy of the documents addressed to all persons forming the Tenant. However, this method is not correct service. PainSmith advise for example, writing the names of all persons forming the Tenant on the Section 21 Notice (Form 6A) but an individual copy must be sent separately with a letter explaining the Notice to each person forming the Tenant. The above action helps prevent anyone claiming not to have received a copy of the Notice or documents. If the Tenant is a married couple or a couple co-habiting a separate Notice must still be sent to each person.
How to Serve Notice?
When serving notice, it is important agents familiarise themselves with the notice clauses of their Tenancy Agreement. These clauses explain the valid ways the Landlord or the Agent can serve Notices or documents on the Tenant for the particular Tenant and address specified within the Tenancy Agreement. The clause being one referring to the Landlord’s or Agent’s method of service on the Tenant and the other clause indicating how and where the Tenant can serve legal notices. The methods usually referred to within a notice clause are by hand service deemed served the next working day and first-class post which is deemed served two working days later. Usually, electronic service is also mentioned although it is prudent to serve such Notices as Section 8 and 21 by first class post as well and include the time for service plus an extra couple of days to the notice period. A working day excludes a Saturday, Sunday or Bank Holiday.
Serving Documents Prior to the Tenancy Commencing
Many agents and landlords want to serve Prescribed Information, EPC, EICR, Gas Safety Certificate and the “How to Rent Handbook” by email on prospective persons forming the Tenant by email. The clauses within the Tenancy Agreement are unlikely to help because the document may not have been signed. The answer is to insert a clause in the application form or a similar document, where each person confirms the following:
I (insert name) confirm the following documents may be served on me by email
(list documents) to my email address (applicant inserts address).
Published 26 August 2024
