Landlords are being advised to ensure tenants sign for important documents, as an upcoming Court of Appeal case could significantly impact the process of serving possession notices.
The case, D’Aubigny v Khan, will address whether crucial documents can be legally served by post. The tenant, Ms. D’Aubigny, claims that a Section 21 notice was invalid because she did not receive the Energy Performance Certificate (EPC), gas safety certificate, and How to Rent guide.
Ms. D’Aubigny argues that her tenancy agreement only mentioned ‘notices’ being served by post, not these specific documents. Therefore, the landlord must provide evidence that the tenant received them, beyond just proof of postage.
She further contends that Section 7 of the Interpretation Act 1978, which deals with serving documents by post, is not applicable since the relevant legislation does not explicitly permit these forms to be sent by post.
The landlords counter that they served the documents via recorded delivery and that their agreement included a clause deeming notices sent by post as served. They also assert that Section 7 of the Interpretation Act applies in this case.
Implications for Landlords
The outcome of this case could have significant implications for landlords:
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Proof of Delivery: Landlords may need to rethink how they deliver important documents. Relying on postal services, even with recorded delivery, might no longer be sufficient. Obtaining a tenant’s signature upon receipt could become necessary to ensure compliance with legal requirements.
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Tenancy Agreements: Landlords may need to revise tenancy agreements to clearly specify how all important documents can be served, not just ‘notices’. This clarity could prevent future disputes over the validity of document delivery.
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Increased Administration: Ensuring that tenants sign for documents could increase administrative tasks for landlords. They might need to adopt new procedures for tracking and confirming document delivery.
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Legal Compliance: Failing to comply with these potential new standards could invalidate possession notices, leading to delays in regaining possession of properties and potential legal costs.
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Risk of Disputes: The requirement for signatures could reduce the risk of disputes, providing clear evidence that tenants received necessary documents, thereby strengthening the landlord’s position in any legal proceedings.
This case underscores the importance for landlords to stay informed about legal developments and to adapt their practices to ensure compliance and protect their interests.