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Question

Ending a Tenancy (England) | England | Landlord Wants Tenant to Leave (England)

Serving S21 notice by email

4 Oct 2022 | 6 comments

Hi Guildy,

I will be serving a section 21 notice shortly. The TA allows for notices to be served by email so I will do that using a signed scanned copy. Presumably the service date is the date of the email? Also, should I back up the email with a posted copy?

Answer

6 Comments

  1. guildy

    Despite the tenancy term, we still prefer regular first-class post and obtain free-of-charge proof of postage from the post office.

    The problem with email is that it can easily be marked as spam, especially with an attachment.

    Proof of postage is deemed in law to be delivered unless the tenant can prove otherwise.

    When relying on the post, it’s deemed delivered the second business day after postage, so our wizard recommends adding four days to any notice.

  2. Tony54

    Thank you. We live in France, but can obtain a French proof of postage and send it well outside the 2 month notice period (we’re actually giving 2 months 3 weeks). Will French proof be accepted? If not we can email the document and get someone in the UK to print it out and send with UK proof of postage.

    FYI, we have used our French address on the form as per the TA, but the TA has a UK address for serving us notices.

  3. guildy

    If you could get someone in the UK to post it on the same day as you email, that would be great. However, due to your restrictions, we are content with the email in this particular case. Just have in mind the point about it going into spam.

    I’m a little concerned about the address, though. We like everything to match. The tenant must have an address in England or Wales for the landlord by law. It would be best if the notice contained the same address. Otherwise, it could be seen as a change in address (and that change would be to an unlawful address).

  4. Tony54

    OK. We can do that. Does it matter if it’s a scanned copy like the one we will email directly?

    Just to clarify, the TA shows our home address which is in France, but it also shows a UK address (our daughter’s) for the serving of notices.

    Is it better to put the UK contact address on the form or our home address? Just to add complication the UK address has changed so I need to serve a S48 notice. Can I do this with the S21 or is it better just to get on and do it right away?

  5. guildy

    I’m more comfortable only using the England or Wales address on all documents (including TA and s21), and the overseas address is just adding unnecessary confusion.

    We would serve the section 48 notice first. That also helps clear the two address confusion as, in theory, you are not just changing that address, but you’re also implidley removing the France one.

  6. Tony54

    I’ve now found the email sent to the tenants previously concerning the change of address for notices (and their confirmation of receipt), so a new S48 is not required. I will just use that address on the S21 form, which I will email and also post from UK.

    Thank you for the guidance as always.

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