How to serve a notice

There are many different types of notice that a landlord may need to serve depending on their tenancy. These notices will each have their own specific requirements. Some of these requirements may even vary depending on whether you serve the notice to tenants in England or Wales.

However, whether it is a section 21 notice or a notice to quit, then there are certain practices that you should follow as a landlord if you want to ensure the notice is served correctly on a residential tenancy.

This short guide is designed to help you understand the best practices that you will need to follow to ensure you serve a notice correctly.

Service on the tenant

Your notice can always be served by hand to the individual tenant or tenants who live in the property. This is the best method if possible as it gives you the opportunity to have your tenants confirm they have received the notice by signing and dating the document.

Service to the property

If it is not possible to get the tenant to sign for the document, then the best method is to deliver the notice to the property yourself. As long as you have a professionally drafted tenancy agreement then it should contain a clause that specifies the notice will be considered served if it is delivered to the property.

Service by post to the property

A well-drafted tenancy agreement will also contain similar provisions allowing for notices to be served by posting the notice to the property. The key thing to remember with this is that the notice must reach the property for service to be affected. If you post the notice by recorded/signed for delivery then the tenant may refuse to sign for it.

Service via email

In England, we do not recommend serving important notices via email, even if your tenancy allows for it, as it can cause issues later on with possession claims. Particularly if the tenant claims they have not received it.

If you do choose to serve via email, a hard copy of the notice should also be posted to the tenants at the property address.

In Wales, if you are using the NRLA Standard Occupation Contract template, then you may serve via email if the tenants have included an email address for service.

If you employ an agent they can serve your notices for you. You should ensure they are collecting evidence of the service like proof of postage and a witness statement.

You should also fill out a certificate of service (N215) form that details how they served the notice. You can get a copy of the N215 form from gov.uk.

Your agent cannot represent you later on at possession hearings, so this evidence will be required if you need to rely on the notice later in a possession action.

Your notice should name all of the tenants listed on the tenancy agreement. Print out a copy of this completed notice for all the tenants in the property. Also print one out for yourself.

For example, if you have three tenants named on the tenancy agreement you would need four copies of the notice. One for you and three more for all your tenants.

If you are delivering or posting these notices to the property then the notices should be provided in a separate envelope for each individual tenant.

Notice is only effective once it reaches the tenant, or is deemed to have reached the tenant. Quite often your tenancy agreement will specify when a notice is considered to be deemed served. For example, a notice left at the property may be deemed served on the next working day.

If your tenancy agreement does not indicate when service is deemed effective then the N215 form contains guidance on when a document is deemed served. The relevant ones are reproduced below.

The next business day is a Monday to Friday that is not a Bank Holiday

Why is this important?

When you are serving a possession notice you are providing the tenant with advance notice that you plan to regain possession at a specific point in the future. Usually, this is because you are legally required to give a minimum amount of notice if you want to serve a valid notice. You need to account for when service was effective in addition to these minimum notice periods.

For example, if you serve a section 21 notice then you are normally required by Section 21 of Housing Act 1988 to give a minimum of two months notice to your tenants that you intend to seek possession. At the time of writing, in Wales, the minimum notice has been extended to six months unti at least 31 December 2021.

Keep a copy for yourself

You will need to provide a copy of the notice to the court as part of your application for possession. This will prove you not only served the notice but that you filled the notice out in line with any legal requirements. As a result, it is absolutely essential you retain a copy of the document for yourself.

Evidence of personal service on the tenant

If you are serving the notice on the tenants personally then the best way to prove the tenants have been served with the notice is to have the tenants sign and date all copies of the notice (including your own). Alternatively, if they refuse to sign the notice but do accept the document, then you can fill out a certificate of service (N215) form and include that in any paperwork you send to the court.

Evidence of postage to the tenant

Ideally, you want to take a dated and timed photograph of the notice in the unsealed envelope, a second dated and time photograph of the sealed envelope with the address of the property clearly displayed. In addition to this, you should get proof of postage to the property via a tracked service that does not require a signature.

Evidence of service to the property

Bring a witness with you to the property. Show them a copy of the notice so they can verify its authenticity and have them take a dated and timed photograph of you outside the property with the notice. Take a second photograph of you posting the notice through the letterbox. If you are employing someone else to serve the notice then you should have them fill out a certificate of service (N215) form.