Serving notices correctly: where possession cases are won
More possession claims fail on service than on substance. A perfect Section 8 or Section 13 notice served wrongly is no notice at all, and the fix costs months. The discipline:
Check the agreement's service clause first
A well-drafted tenancy agreement states how notices may be served: by hand, by first-class post to the property, and by email to stated addresses if the parties agree. That clause is the rulebook; follow it exactly. Agreements silent on service leave you with the statutory defaults and more argument.
Methods and their proof
- By hand: through the letterbox, with a dated photo of the notice at the door and a witness where stakes are high.
- First-class post: obtain a free certificate of posting; deemed service typically follows two working days after posting. Never rely on ordinary post alone for a critical notice: post and hand-deliver.
- Email: only where the agreement permits it and to the stated address; export the sent item with full headers.
Dates: the silent killer
Notice periods run from service, not from writing. Build in the deemed-service margin when calculating expiry, and for Section 13 remember the increase must begin on the first day of a rent period. When in doubt, add days: an over-long notice is valid, a short one is void.
Ground-specific periods are in the Section 8 guide and the notice period tables.
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Start my agreement →Frequently asked questions
Can tenancy notices be served by email?
Yes, where the tenancy agreement provides for email service and the notice goes to the address stated. Without that provision, email alone is risky: use post and hand delivery.
What proof of service should a landlord keep?
A copy of the notice, the certificate of posting or dated delivery photo, any witness details, and the covering email with headers. Courts ask for exactly this bundle.