Serving Notices

When serving notices, following a few service rules is essential to ensure the document is deemed appropriately done.

This article applies to all notices served, in particular, those that are statutorily required, including:

  • Section 21 (form 6A, 2 months notice)
  • Section 8 (containing a ground for possession)
  • Section 13 (rent increase)
  • Section 48 (landlord name and address)
  • Notice of inspection (periodic, gas, electric, etc.)

Check Contents

Before sending a notice, check the contents carefully, particularly spelling, postcode, and expiry date (where applicable).

A section 8 notice will typically require additional information attached. For example, a rent arrears claim will require a rent statement from when the arrears started or at least two years. An anti-social claim would need an account of evidence.

The names on the notice should match the names on the tenancy agreement (unless a name has legally changed, for example, through marriage).

Number of Copies

You will need to keep a copy of the signed notice for yourself.

You usually print three copies: one for the tenant (post), another for the tenant (hand delivery), and one for yourself. See the delivery section below for further details.

Date of Expiry or When Something Begins

You should always add at least four days to any action date on the notice, even when hand delivering. This timeframe follows court rules, which presume documents are delivered on the second business day after posting. While Housing Act notices are not court documents, many courts apply this general rule.

Any expiry date (possession notice) or date something begins (e.g., rent increase) should be at least four days longer than the notice's minimum length from the date of service entered when signing.

Signing the Notice

The notice must be signed and dated, in particular, prescribed forms.

Where there are joint landlords, the notice may be signed by one acting on behalf of all landlords, or all landlords can sign it. It's essential to check the wording of the signature section of the notice and follow its instructions.

Under section 45 of the Housing Act 1988 (interpretation), where two or more persons jointly constitute the landlord, except where the Act otherwise provides, any reference to the landlord is a reference to all the persons who jointly constitute the landlord, as the case may require.

The signature can be a digital signature and does not have to be a wet signature.

When signed, the notice must be dated the date you intend to serve it. For example, if you want to post a notice tomorrow, put tomorrow's date, not today.

An agent can serve and sign a notice on behalf of a landlord client if they have the landlord's authority. Prescribed forms usually include a box to tick to confirm that an agent is signing.

If the landlord or agent is a company, the notice can be signed by someone acting under the company's authority (Northwood (Solihull) Ltd v Fearn & Ors [2022] EWCA Civ 40).

Covering Letter with Notice

You shouldn't put a cover letter with any notice.

A covering letter may, in certain circumstances, be read in conjunction with the notice and therefore invalidate it (Mundy v Hook, County Court (Bromley) [1997] C.L.Y. 3246).

The notice will explain what it's about, so there's usually no need for a cover letter.

Service of the Notice

The Khan v. D'Aubigny judgment has reinforced the importance of strict compliance with service provisions in tenancy agreements and clarified the service limitations under the Interpretation Act 1978.

Section 7 of the Interpretation Act 1978

Under Section 7 of the Interpretation Act 1978, service of documents by post is deemed effective if properly addressed, prepaid, and posted unless the contrary is proven. However, the Court of Appeal in Khan v. D'Aubigny held that this only applies when the statute explicitly authorises or requires service "by post." Many parts of the Housing Act 1988 and its regulations do not authorise service by post, as they only use the term "give" without specifying a method.

Tenancy Agreement Provisions

Where the tenancy agreement specifies service methods, landlords must strictly comply with these terms. In Khan v. D'Aubigny, the tenancy agreement deemed notices properly served if sent by first-class post, even if not actually received, provided the documents were sent "under or in connection with" the agreement.

Clause Example:
"Any notice sent to the Tenant under or in connection with this agreement shall be deemed to have been properly served if sent by first class post to the Property, and shall be deemed to have been received on the second Working Day after posting."

This deeming provision was upheld by the Court of Appeal, which considered statutory documents (EPC, GSR, and How to Rent guide) to be "notices in connection with" the tenancy agreement because they are legal prerequisites for issuing a valid Section 21 notice.

Posting and Presumption of Receipt

If the tenancy agreement lacks specific service provisions, landlords can rely on the common law presumption that documents properly addressed and posted are received. However:

  • This presumption is rebuttable. The tenant's denial of receipt may be sufficient to rebut the presumption if the court finds the denial credible. In Khan v. D'Aubigny, a bare denial without supporting evidence was insufficient.

Best Practices for Evidence of Service:

  • Proof of Postage: Use first-class post and obtain a certificate of postage from the post office.
  • Avoid Recorded Delivery: Recorded delivery should only be used if the tenancy agreement explicitly requires it. If the tenant refuses to sign, it could be evidence of non-receipt.
  • Hand Delivery: Photograph the envelope in the tenant's letterbox, noting the time, date, and GPS location.
  • Email Service: If the tenancy agreement permits, email a copy of the notice and keep a record of the sent email (e.g., delivery confirmation or read receipt).

Avoid Pitfalls:

Do not rely on digital platforms (e.g., DocuSign) for service. These may require the tenant to take action (e.g., signing), which could invalidate service if left incomplete.

Serving Notices and Documents to Joint Tenants

Where two or more people are named on the tenancy agreement, they form one legal "tenant" entity (Housing Act 1988, s.45(3)). In practice, this means:

Single notice, all names:

One copy of the notice or document, addressed to every joint tenant by name and delivered to the rental property (or each tenant's last-known address), will usually satisfy service requirements. Shelter's professional guidance confirms that a single communication addressed to all joint tenants is "arguably sufficient" for statutory documents such as the tenancy-deposit prescribed information.

Keep copies and proof of postage:

Put all joint tenants' names on the envelope and on the notice heading ("To A Smith, B Jones and C Brown, 12 High Street ...").

Obtain a free certificate of posting or, if hand-delivered, photograph the envelope half-inserted through the letterbox.

Email service:

If the tenancy agreement allows notices by email, send the notice to each email address you hold for the joint tenants, or at least to an agreed lead-tenant email address, and keep the sent-items record.

Absent co-tenants:

If you know that a joint tenant has moved elsewhere, post a duplicate to their last-known address as a belt-and-braces safeguard.

No explicit clause?

Adding a contractual deeming clause — "service on any one joint tenant is service on them all" — removes any doubt and mirrors the Court of Appeal's approval of service clauses in Khan v D'Aubigny [2025].

The ideal:

For documents required before or when the tenancy starts, like the EPC, deposit prescribed information, gas safety record, How to Rent guide, and the electrical installation condition report (EICR), ensure all the documents are attached to the tenancy agreement and use digital signing. This sends a copy to each individual party to the contract, who will each sign, and once completed, all parties will automatically receive the full tenancy and documents, avoiding any doubt that each party received all the documents.

For notices and documents mid-tenancy, ensure you have a quality service clause that outlines when it is deemed delivered for each allowed mechanism for service (email, post, hand delivery), and a term about service on one being service on all, as mentioned earlier. Furthermore, even if you have a quality term, you may also serve a duplicate of the notice on each individual named tenant in a separate envelope and to their respective emails.

What Happens After the Notice?

Where the notice is a possession notice, you must not start court proceedings until after the date of expiry on the notice.

For Section 21:

  • Start proceedings within six months of serving the notice. If the rental period exceeds two months (e.g., quarterly), start proceedings within four months of the expiry date. After this, you must serve a new notice.
  • Typically, accelerated possession proceedings are preferred.

For Section 8 rent arrears grounds:

  • Use the Possession Claim Online (PCOL) system.
  • Start proceedings within 12 months of service.

For Section 13 rent increases:

  • The new rent will apply from the date specified in the notice.
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