When should a follow-up right to rent check be conducted?

Where the initial right to rent checks are satisfied with a document from List B, or where the Landlords Checking Service has provided a ‘yes’ response to a request for verification of a right to rent, a landlord establishes a time-limited statutory excuse. This time-limited statutory excuse lasts until the later of the following:

• 12 months
• until expiry of the person’s permission to be in the UK
• until expiry of the validity of their document which evidences their right to be in the UK

Follow-up checks should be undertaken before this time-limited statutory excuse expires or as soon as reasonably practicable thereafter in order to maintain a statutory excuse.

Further Reading

Code of practice on illegal immigrants and private rented accommodation

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What does the law say about when is rent due, payable and in arrears?


Rent becomes due on the morning of the day specified for payment in the tenancy agreement. This day is commonly referred to as the ‘rent day’ and is a core term of the tenancy.


Rent may lawfully be made payable on any day including a Sunday.

Rent due upon a bank-holiday will not be payable until the following day.

If a term of the tenancy is to pay rent by Standing Order, this will restrict the days the rent will be received by the landlord as the bank may not process Standing Orders on weekends and although the bank may deduct the rent from tenant’s available balance it may not be credited to the landlord until the next working day.


If rent is not paid by midnight on rent day then it is held to be in arrears.


Re Aspinall v Aspinall (1961)

Dibble v Bowater (1853)

Child v Edwards (1909)

s.1 Banking and Financial Dealings Act 1971

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Questions landlords need to ask before increasing the rent

Just as the cost of living can rise, so too can rents but before landlords increase the rent there are some questions they need to ask themselves…

Is it permitted?

Rent increases are largely governed by Section 13 of the Housing Act 1988 and some associated case law that has helped clarify the intent of the legislation.

In summary here are some of the rules…

• Section 13, and the notice referred therein, only applies to statutory periodic tenancies and other periodic tenancies that have no provision for increasing the rent (commonly referred to as rent review clauses). {some legal practitioners believe it is possible to serve a section 13 notice during a fixed term to take effect during the follow-on periodic tenancy – section 13 explicitly states it applies to periodic tenancies and the belief that the notice can be served during a fixed term is untested in a Court of law}.

• A new rent proposed in a section 13 notice cannot take effect earlier than the date that falls 52 weeks after the date on which the first period of a contractual periodic tenancy began.

• A landlord cannot serve a section 13 notice in the prescribed form proposing a new rent to take effect at the beginning of a new period of the tenancy beginning earlier than the minimum period after the date of the service of the notice which for a monthly periodic tenancy, is one month.

• For statutory periodic tenancies arising at the end of a fixed term tenancy, any rent review clause contained in the expired fixed term tenancy will be overridden by the section 13 procedures.

• Rent review clauses apply to fixed term tenancies and contractual periodic tenancies only.

• Where the rent has previously been increased by virtue of a section 13 notice, the landlord cannot serve on the tenant a section 13 notice proposing a new rent to take effect earlier than the date that falls 52 weeks after the date on which the previously increased rent took effect.

Is it fair?

A rent review clause that does not comply with the requirements of consumer protection legislation may be an unfair term. An unfair term in a tenancy is one which creates a significant imbalance in the relationship of the landlord and tenant to the detriment of the tenant.

Clauses which provide for very large increases will normally be void – for example where the rent increase is not to achieve a fair rent for the property but to increase the rent to a level where the tenant might be forced to leave or artificially raising it over £100,000 to cease the tenancy from being an assured shorthold tenancy. If the tenant feels the rent increase is too high then they can refer it to the First-Tier Tribunal (Property Chamber – Residential Property) (for England).

Can the tenant afford it?

Even if the tenant accepts the rent increase, can they afford it? Affordability checks carried out at the initial referencing stage are based on the rent and the tenant’s income at that point in time. Things may have changed, and the tenant may now be earning less, and it is possible the tenant may not be able to afford the increased rent. This is especially relevant when wages are not increasing at the same rate as rents.

If the tenant accepts the increase, not wanting to leave the property but also not seriously considering the implications on their finances, it may cause them to fall into arrears. Even a small rent increase could cause arrears and it could end up costing the landlord a significant amount if they needed to seek possession of the property through the courts because of arrears.

Will it offend the tenant?

It might only be a small amount you are increasing the rent by, but don’t underestimate how this could offend a good tenant who pays rent on time and looks after the property. If you reward good tenants who want to stay and make your property their home for a long period of time, does it really make a difference to get a bit extra each month?

Are there any outstanding repairs or decoration at the property?

With higher rent comes higher expectations. The tenant will be less accepting of the increase if there are outstanding repairs at the property, the decoration or flooring is past its reasonable life expectancy or any fixtures, fittings or contents are dated.

Can you afford a void period?

Consideration needs to be given to the possibility of the tenant not accepting the increase and serving notice to terminate the tenancy. The landlord then has to prepare the property for re-let and arrange and conduct viewings whilst relying on the support of a disgruntled tenant who is still occupying the property, or the landlord may choose to wait until the tenant has vacated and with it, accept a longer void period. With the departure of the tenant an inevitable void period will follow and with it the loss of rental income during the void. The end of the tenancy may be the time the landlord decides to do repairs or improvements they had previously delayed – again incurring costs perhaps the landlord had not yet planned for. Finally, the landlord would need to consider other costs associated with the start and end of tenancies such as fees paid to agents, referencing companies and inventory clerks.

Do you really need to increase the rent?

If you’re achieving a good yield then remember this is a long term investment based also on the capital growth of the property. Of course there are expenses for you as a landlord but on balance it might be better to keep hold of a long-term tenant that looks after your investment and pays the rent in full and on time each month.

How will you justify the rent increase to the tenant?

Whilst you do not need to justify the rent increase to the tenant, you should as a matter of courtesy explain why you have decided to do so.

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Simple steps landlords can take to protect their property from fraud

We are amazed how many landlords do little or nothing to protect their property from fraud when there are some simple and free steps landlords can take to prevent what is an increasing area of fraud:

1. Check your property is registered with HM Land Registry – your property should be registered if you bought it or mortgaged it since 1998.

2. Track changes to the register by signing up to get property alerts if someone applies to change the register of your property, for example if someone tries to use your property for a mortgage.

3. Put a restriction on your title to stop HM Land Registry registering a sale or mortgage on your property unless a conveyancer or solicitor certifies the application was made by you.

More information can be found here

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Can an agent charge a landlord a fee for terminating their contract?

Yes – however there are some things to consider….

Contract (Agency Agreement/Client Agreement)

The contract between the landlord and the agent should clearly define how the landlord can terminate the contract and any charges that would apply.

If the landlord terminates the client agreement with a letting agent, the agent has a right to protect themselves, but what the agent charges the landlord must take into account what the agent is actually losing as a result. If the charges are excessive they will be deemed unfair and unenforceable even if they are defined in the agreement.

In J Spurling Ltd v Bradshaw, Denning LJ made the famous red hand comment:

the more unreasonable a clause is, the greater the notice which must be given of it. Some clauses which I have seen would need to be printed in red ink on the face of the document with a red hand pointing to it before the notice could be held to be sufficient.

If an agent is going to impose a significant financial penalty on a landlord for terminating a contract they should make it clear what that penalty is. If there were to be a dispute, the burden of proof that the agent made it clear in pointing it out to the landlord may rest with the agent.

Consumer Rights Act

Effective 1st October 2015, part 1 of schedule 2 of the Consumer Rights Act 2015 defines contract terms which may be regarded as unfair. Paragraph 5 states:

A term which has the object or effect of requiring that, where the consumer decides not to conclude or perform the contract, the consumer must pay the trader a disproportionately high sum in compensation or for services which have not been supplied.

From this, a letting agent charging a landlord for services which have not been supplied such as property management during a continuing tenancy may be regarded as unfair.

Under the same Act, an agent must display a list of fees at the agent’s premises and on their website.

Guidance on this point states:

All fees, charges or penalties (however expressed) which are payable to the agent by a landlord or tenant in respect of letting agency work and property management work carried out by the agent in connection with an assured tenancy. This includes fees, charges or penalties in connection with an assured tenancy of a property or a property that is, has been or is proposed to be let under an assured tenancy.

If charges and penalties are not displayed as required by law, aside from the fact that the agent has broken the law, it may throw into question that the charges are enforceable on the grounds that the agent was not making the charges clear – they are attempting to hide them.

Further Reading

Consumer Rights Act 2015 Schedule 2

Consumer Rights Act 2015 Section 83

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Is there a minimum size for a room that is to be used as a bedroom?

What is a bedroom?

A bedroom is a room that is available as sleeping accommodation if it is of a type normally used in the locality either as a living room or as a bedroom. {Housing Act 1985, Chapter 68, Part X}

The answer to the topic question is dependent on a number of factors including:

* Number of occupiers using the bedroom
* Age of occupiers using the bedroom
* Whether the property is a licensed HMO
* Type of occupant

Number and age of occupants
One of the criteria for assessing overcrowding under the Housing Act 1985 is the floor space based on the number and age of occupants.

For a child aged under 1 there is no minimum space standard.

For a child aged 1 or over but under 10 the floor are of the room must be at least 50 sq. ft. (4.65 sq. metres).

For two children aged 1 or over but under 10 sharing a bedroom or 1 person aged 10 or over the floor area of the room must be at least 70 sq. ft. (6.51 sq. metres).

For two adults living together as a couple the floor area of the room must be at least 110 sq. ft. (10.22 sq. metres).

{Housing Act 1985}


In 2018 the government announced that it will proceed with introducing a national minimum room size for bedrooms in licensed HMOs:

Rooms used for sleeping by 1 person over 10 will have to be no smaller than 6.51 square metres, and those slept in by 2 people over 10 will have to be no smaller than 10.22 square metres. Rooms slept in by children of 10 years and younger will have to be no smaller than 4.64 square metres

Type of occupant

The type of occupant has also been shown to be relevant in room size cases. This was illustrated in the case of Nottingham City Council v Dominic Parr and Trevor Parr Associates Ltd [2017] EWCA Civ 188 which was heard last year in the Court of Appeal. The Council’s guidance suggested that 8 sq. metres was an acceptable bedroom size and the licences issued prohibited the use of two attic rooms until the usable floor space had been increased. The First-Tier Tribunal had deleted the condition and imposed an alternative condition that the rooms could be used by full-time student who resided in the room for a maximum of 10 months of the year. This was upheld by the Upper Tribunal and the Court of Appeal concluded that there was nothing unlawful about a HMO licence restricting occupation of a bedroom to students only. The Supreme Court has granted permission to Nottingham City Council to appeal the decision.

Further Reading

Shelter – Overcrowding
HMO National Minimum Room Size and Suitability {Anthony Gold blog}
Housing Act 1985, Chapter 68, Part X
When is a bedroom not a bedroom {Jungle Property blog}

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Can an agent refuse to provide tenant referencing reports to the landlord?

No – probably not…

Fiduciary relationship

The agent is contracted by the landlord to act on behalf of the landlord (the principal). Agents have what is known as a ‘fiduciary relationship’ with the landlord. Data collected, or artefacts created, by the agent in performance of the contractual obligations is collected or created on behalf of the landlord.

If the landlord signs a contract which specifically states that he will not have access to the tenant’s reference report, he will probably be bound by this but where the contract is silent, it is the property of the landlord as it was obtained by the agent for the purpose of the landlord’s property, in his capacity as agent for the landlord.

Data protection

Agents will sometimes argue that passing the reference report on will be in breach of the Data Protection Act. Guidance from the Information Commissioners Office (ICO) here states:

Can landlords see references which were provided to the letting agents?
The agent can pass this information to the landlord, as long as, when the reference is asked for, they make clear to the tenant and the referee that this will happen.

This ICO guidance is not entirely consistent with the opinion of many legal experts who see passing on the reference report as an automatic right as the agent is an extension of the landlord.

Duty of obedience

An agent has a duty of obedience – express instructions are paramount and this duty takes precedence over the duty to exercise all reasonable care and skill.

Tenant referencing reports belong to the landlord not the agent and the agent should not disobey the landlord’s instructions to provide them.

Why a landlord should see reference reports

There are two important reasons why the landlord should be entitled to see the reference reports if he wishes, before the tenancy is granted:

1. Landlords can suffer massive losses through bad tenants being allowed into their property, both through unpaid rent and through the tenant damaging the fabric of the property itself.

2. The landlord may want to check that the agent has carried out any referencing at all. Sadly, it is not unknown for agents to pocket the reference fees and not actually obtain references. There have been many cases where the referencing carried out was grossly inadequate for the type of property being let and as a result the landlord suffered great losses (see Saul Shevlin v. Sequence (UK) Limited below).

If the agent is able to say “sorry, we can’t tell you anything about the references we have because of the data protection”, how can the landlord be sure that this important part of the agent’s job has been done properly?

Saul Shevlin v. Sequence (UK) Limited

This case heard in June 2016 in Colchester County Court found Sequence to be negligent as they had referenced a (bad) tenant and granted a tenancy, refusing to pass on the reference report to the landlord (they had done so previously). The landlord approached the company commissioned to carry out the referencing directly and was emailed the report. The reported highlighted a number of ‘red flags’ which the agent should have investigated.

This case is interesting with regard to this topic question because a). the company who were commissioned to compile the reference report provided it to the landlord directly after the agent refused b). had the landlord been provided with a copy of the report when it was first compiled, the tenancy would almost certainly not have been granted.

Advice for landlords

Make it very clear, when you instruct an agent, that you will want to see the reference reports, before the tenant’s application is approved.

Make it clear to the agent that it is the agent’s responsibility to take such steps as are necessary (i.e. tell the tenants and the reference company) in order to prevent their being in breach of data protection legislation in passing reference reports to the landlord.

Further Reading

Landlord wins long-running case against agent after tenancy went wrong (Property Industry Eye article)

Can an agent withhold part payment of 6 months rent in advance?
(Jungle Property blog article)

Are landlords entitled to see tenants references obtained by their agents? (The Landlord Law Blog article)

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Do guarantor agreements need to be executed as a deed?

No but there are many reasons why deeds are used over a simple contracts:

1. Deeds do not need a consideration unlike a simple contract.

2. The obligations are enforceable for 12 rather than the usual 6 years years applicable under a simple contract.

3. The law may require it.

4. A deed is an instrument in solemn form and any party to it is estopped from denying the truth of any assertion he has made in it.

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Energy Efficiency Regulations – A Basic Guide For Landlords

Who is affected?

Private landlords.

What is affected?

Domestic and non-domestic property in England and Wales which is legally required to have an Energy Performance Certificate (EPC) which has an EPC rating of band F or G.

When does it take effect?

New tenancies granted, or existing tenancies extended or renewed, on or after 1st April 2018. This affects ALL tenancies in existence on or after 1st April 2020. Tenancies are assured, assured shorthold, regulated and agricultural tenancies.

What needs to be done?


* If the property is exempt – register an exemption on the national PRS Exemptions Register.

* If the property is not exempt – make improvements to the property to raise the EPC rating band to a minimum of E.

How can a property be exempt?

There are six categories of exemption:

1. Where all the ‘relevant energy efficiency improvements’ for the property have been made (or there are none that can be made) and the property remains sub-standard.

2. Where a recommended measure is not a “relevant energy efficiency improvement” because the cost of purchasing and installing it cannot be wholly financed at no cost to the landlord.

3. Where the relevant energy efficiency improvement is wall insulation and expert advice indicates that the measure is not appropriate for the property due to its potential negative impact on the fabric or structure of the property.

4. Where the relevant energy efficiency improvements may require third party consent before they can be installed in a property and the landlord could not obtain one or more necessary consents.

5. Where the landlord has obtained a report advising that the installation of specific energy efficiency measures would reduce the market value of the property, or the building it forms part of, by more than five per cent.

6. Temporary exemption where a person may have become a landlord suddenly and as such it would be inappropriate or unreasonable for them to be required to comply with the Regulations immediately. This type of exemption will last for six months after the date the person became the landlord and will apply from that date.

The funding that a landlord may rely on for the recommended improvements can be from:

* Green Deal Plan

* Energy Company Obligation or similar scheme

* Funding provided by central government or local authority or third party at no cost to the landlord

* A combination of any of the above.

Exemptions register information requirements

The information required for all exemptions is:

* Address of the property;

* Which exemption is being registered;

* Copy of a valid EPC for the property;

Depending which exemption is being registered determines what additional information is required:

Category 1 as referred to above.

* Details of any energy efficiency improvement recommended for the property in a relevant recommendation report (if separate to the relevant EPC), including a report prepared by a surveyor, or a Green Deal Advice Report.

* Details, including date of installation, of all recommended energy efficiency improvements which have been made at the property in compliance with the Regulations.

* Where there are no improvements to be made, a copy of the relevant report to demonstrate this (if separate to the relevant EPC).

Category 2 as referred to above.

* A description of why the landlord has been unable to obtain adequate ‘no cost’ funding.

* Optionally, the landlord may also provide a copy of any evidence on which the landlord relies to demonstrate that they have been unable to access relevant ‘no cost’ funding to fully cover the cost of installing the recommended improvement or improvements.

Note: Evidence of a landlords inability to access relevant ‘no cost’ funding may include a notification from a Green Deal provider advising that no Green Deal finance is available for a recommended measure, or that funding is only available to partially cover the costs.

Category 3 as referred to above.

* A copy of the written opinion of a relevant expert stating that the property cannot be improved to an EPC E rating because a recommended wall insulation measure would have a negative impact on the property (or the building of which it is a part).

Category 4 as referred to above.

* A copy of any correspondence and/or relevant documentation demonstrating that consent for a relevant energy efficiency measure was required and sought, and that this consent was refused, or was granted subject to a condition that the landlord was not reasonably able to comply with.

Note: Where the party who withheld consent was a tenant, the exemption will only remain valid until that tenant’s tenancy ends. When that tenant leaves the property (or after five years, whichever is soonest) the landlord will need to try again to improve the EPC rating of the property, or register another exemption, if applicable.

Category 5 as referred to above.

* A copy of the report prepared by an independent RICS surveyor that provides evidence that the installation of relevant measures would devalue the property by more than 5%.

Category 6 as referred to above.

* The date on which they became the landlord for the property, and

* the circumstances under which they became the landlord (any of the circumstances set out at section 3.1.3 of this guidance).

Note: Where a person wishes to register an exemption upon recently becoming a landlord, the exemption will last for a period of six months.

What should landlords do now?

1. Check the current energy efficiency rating band on the most recent EPC for the property. If you do not have a copy of the most recent EPC, download a (free) copy from the EPC Register here www.epcregister.com. If you do not have have a copy of the most recent EPC and there is no valid copy in the EPC Register, commission an energy assessment (and EPC) with a Domestic Energy Assessor (DEA) found here https://www.epcregister.com/searchAssessor.html

2. If the property has the minimum EPC rating band of E or above, no further action is required. If the property has an EPC rating band of F or G, contact the Energy Savings Advice Service on 0300 123 1234 for advice and assistance on funding for the energy efficiency improvements recommended in the EPC.

3. If one of the exemptions listed above applies, register an exemption on the national PRS Exemptions Register by sending an e-mail to the BEIS minimum standards team at PRSregisteraccess@beis.gov.uk

If you do register an exemption on the national PRS Exemptions Register you will need to repeat this every 5 years for exemption categories 1-5 and 6 months for exemption category 6 so put a date in your diary.

Further Reading



PainSmith Solicitors Energy Performance – funding in detail

PainSmith Solicitors Energy Performance – funding in detail continued

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Landlords guide to serving notices – Part 2 – deemed date and time of service

There are several elements that affect the validity of a notice – the form, the content, the method of service and the deemed date and time of service.

In my previous article (here) I considered the method of service and in this article I look at the deemed date and time of service. The deemed date and time of service is the point at which the recipient can be assumed to have received the notice regardless of whether or not they have actually received it. The deemed date and time of service is most important for time sensitive notices which have to be served by a particular date.

As with the previous article I consider contractual and statutory provisions for deemed date and time of service. If you don’t have time to read the full article skip to the Summary section.

Contractual Provisions

To make the notice provisions workable it is common to include provisions deeming the date and time a notice is received if it is sent by a particular method. However, it is important to ensure that provisions must be appropriate and realistic: for example, they should not deem receipt earlier than the notice could in reality be expected to arrive.

The parties will generally agree that notices cannot be deemed to be served on a non business day. This means that care needs to be taken where a notice is required to be given no later than a date which is a Saturday, Sunday or Bank Holiday: the notice must be served in time to ensure that it is deemed delivered no later than the last business day before this.

For notices sent via post care needs to be taken as to whether the notice being returned undelivered will prevent the operation of the deemed service(1). If the parties intend that a notice should be deemed served even where it is returned undelivered it is advisable to include wording such as “…deemed served on the third working day after posting whether it is received or not” should be used.

Example notice provisions deeming service

If a notice has been properly sent or delivered in accordance with this clause, it will be deemed to have been received as follows:

(i) if delivered personally, at the time of delivery; or

(iii) if sent by commercial courier, on the date and at the time of signature of the courier’s delivery receipt; or

(iii) if sent by pre-paid first-class post or Royal Mail Special Delivery or Signed For (registered letter or recorded delivery) [9.00 am] on the [second] Business Day after posting whether it is received or not, provided that it is not returned undelivered; or

(iv) if sent by email, at the time of sending whether it is received or not, provided that the confirmatory copy is not returned undelivered.

Statutory Provisions

Law of Property Act 1925, section 196

…notice …service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.

Deemed served at the time the letter would ordinarily be delivered means that service is deemed to take place on a presumed date, when the notice would have been delivered in the ordinary course of business. This is the first day on which the postman attempts to deliver the notice, regardless of whether anyone is available to receive it(2).

Even if the letter is never received service is still presumed to have taken place, provided that the notice is not returned undelivered(3).

Where a notice is sent by post it is sufficient that it is delivered during the last day on which the notice must be given, even though outside of business hours(4).

The Landlord and Tenant Act 1927, section 23 does not cover deemed date and time of service and as such, we have to rely on case law for guidance on this and the most recent case law takes a generous approach from the perspective of the giver of the notice. Where the notice is sent by Special or Recorded Delivery, the date of service is the date on which the notice is entrusted to postal service(5).. It doesn’t matter if the notice is not, in fact, received or even if it is returned undelivered; service will still be deemed to have occurred(6).

Notice is not the same as knowledge

In Blunden v. Frogmore Investments Ltd [2002] the tenant disputed the validity of the notice. The tenant gave evidence that he had been away from home at the time, and, on his return had found a communication from the post office that it held a recorded delivery item. However, by the time the tenant became aware of this the recorded delivery items had been returned to the landlord’s solicitor as undelivered. The tenant also stated that he had not seen the notice on the premises because he was forbidden to go near them due to the dangerous nature of the buildings. The judge dismissed the tenant’s claim on the ground that there had been good service of the notices. The tenant appealed.

The Court of Appeal unanimously agreed that the landlord had validly served the notices pursuant to section 23 of the Landlord and Tenant Act 1927. They held that section 23 of the 1927 Act permits service by recorded delivery to the tenant’s last-known place of abode, whether or not it is returned by the Post Office.

Robert Walker LJ, in a passage he said underscores the rationale behind this judgement “Notice is not the same as knowledge. But the evident purpose of requiring notice to be given to a particular person is that the contents of the notice should be communicated to, and become known by, that person. Nevertheless, there is no doubt that both statutory and contractual provisions may lead to the position that a valid notice has been given, even though the intended recipient does not know of the notice (and is not at fault in not knowing about it)…. the object of section 23 of the 1927 Act, as incorporated into the 1954 Act is not to protect the person upon whom the right to receive the notice is conferred by other statutory provisions. On the contrary, section 23 (1) is intended to assist the person who is obliged to serve the notice, by offering him choices of mode of service which will be deemed to be valid service, even if in the event the intended recipient does not in fact receive it”.

Interpretation Act 1978, section 7

Where an Act authorises or requires any document to be served by post … the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.


* Statute has provision for notices sent by post to be deemed served at the time at which the letter would be delivered in the ordinary course of post.
* The most recent case law provides that where the notice is sent by Royal Mail Special Delivery or Signed For (registered letter or recorded delivery), the date of service is the date on which the notice is entrusted to postal service. It doesn’t matter if the notice is not, in fact, received or even if it is returned undelivered; service will still be deemed to have occurred.
* Make sure the Tenancy Agreement includes provisions deeming the date and time a notice is received if it is sent by a particular method.


1 Re Thundercrest Ltd [1995] 1 BCLC 117: here the company had an article which provided that where a notice was sent by post, service was deemed to have been effected by properly addressing, pre-paying and posting the notice. However, it was held that the purpose of the provision was to deal with the case where there was uncertainty as to whether a document had been delivered and the article could not be relied upon where it was established that the document had not been delivered.
2 WX Investments Ltd v Begg [2002] EXHC 925 (Ch)
3 R v Westminster Union Assessment Committee, ex p Woodward & Sons [1917] 1 KB 832
4 Papillion v Bernton (1860) 5 H&N 518
5 Beanby Estates v Egg Stores (Stamford Hill) [2003] EWHC 1252; CA Webber (Transport) Ltd v Railtrack plc [2003] EWCA Civ 1167
6 Blunden v Frogmore Investments Ltd [2002] EWCA Civ 573 [2003]

Further Reading

Service of notices by Rebecca Ebdon

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