Landlords intending to serve formal notices, such as Form 3A for possession relying on Ground 1A, are being advised to check their tenancy agreements carefully before using email. Government guidance specifies that email should only be used as a method of service if the written tenancy agreement explicitly states it is an agreed method.
Failure to ensure email is an authorised method of service could lead to serious risks. If a tenancy agreement does not permit email service, a landlord may be unable to prove valid service, potentially requiring them to serve a fresh notice and restart the notice period.
While landlords and tenants frequently communicate via email for general correspondence, this does not automatically establish email as a valid contractual method for serving legal notices. Form 3A, which typically requires four months' notice, and Form 4A for rent increases, both follow this principle.
For existing tenancies, landlords should locate the notices clause in their agreement to confirm if email service is expressly allowed, if an email address is identified, and if there are any additional requirements. If email is not authorised, methods such as personal delivery, delivery to the property with an independent witness, or first-class post with proof of postage are suggested alternatives.
When drafting new tenancy agreements, landlords are encouraged to include a carefully worded electronic-service clause. This clause should specify the email address for each tenant, which documents can be served electronically, and how changes to email addresses are notified.