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Check out the new websites that we will be moving to soon - [England](https://england.landlordsguild.com) or [Wales](https://wales.landlordsguild.com)
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Question

Changing the Rent (England) | During the Tenancy (England) | England

Serving a section 13 by email?

25 Oct 2021 | 3 comments

The guide on section 13 notices to increase rent says about delivering by hand with a further copy by post with proof of posting. We use the tenancy agreement from the Guild that says the tenant and landlord agree to the serving of documents by email, can this be done? Is the article I read just out of date in that one respect, or must I send it by post?

Thanks.

Answer

3 Comments

  1. guildy

    Something like a formal prescribed notice such as this should be sent by post as a minimum and hand delivered if possible in our view. An email copy can be sent but that’s just a copy.

    The problem with email is if it goes into spam, it could be argued not received whereas proof of postage is assumed delivered unless tenant can prove otherwise (which is very difficult to prove for post).

    The clause is useful but as say anything important and prescribed should still be done the old fashioned way in addition to electronic.

  2. Leezy2

    Thanks. A little difficult as we live abroad but we could find a way around that. What about if it was emailed and the tenant confirmed receipt by return?

  3. guildy

    Yes, combined with the clause, happy if they confirm receipt by email.

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