Backed by the NRLA, the Court of Appeal has ruled in favour of a landlord, ruling that they could serve essential tenancy documents by post.
The Court of Appeal’s ruling in the D’Aubigny v Khan case represents a significant decision for landlords regarding the service of important tenancy documents, especially as the housing landscape evolves under new legislation such as the Renters’ Rights Bill. Here’s a breakdown of the key points from the case and what this means for landlords moving forward:
Key Takeaways from the Case
1. Serving Documents by Post is Valid
The Court upheld that documents such as gas safety certificates, the Energy Performance Certificate (EPC), and the How to Rent guide can be served via post if the tenancy agreement specifically allows for it. This is an important confirmation that tenancy agreements can be crafted to stipulate that formal documents, including those required by law, can be served by post.
2. Importance of Written Tenancy Agreements
The case reinforces the importance of a well-drafted tenancy agreement that explicitly outlines how notices and other formal documents should be served. The landlord in this case had a clause in the tenancy agreement stating that notices could be served by post, which was crucial to the Court’s decision.
3. Common Law Presumption of Receipt
The Court confirmed that there is a common law presumption that documents sent to the correct address are deemed to have been received, unless the recipient can prove otherwise. This provides an extra layer of protection for landlords in cases where tenants may dispute receipt of documents.
4. Interpretation Act 1978
The Court also ruled that the Interpretation Act 1978 does not apply unless the relevant legislation specifically authorises service by post. For example, it does not apply to section 21 notices. The Act only permits postal service when legislation explicitly mentions it, but the common law presumption of receipt still stands.
What This Means for Landlords
- Confidence in Serving Documents by Post
This ruling allows landlords to continue serving key documents, such as gas safety certificates and EPCs, by post with confidence. Landlords should ensure their tenancy agreements are clear on this point to protect themselves in future disputes. - Relevance to the Renters’ Rights Bill
The Renters’ Rights Bill introduces additional documents that landlords will need to serve, such as those covering changes to tenancies. This ruling is particularly timely as landlords may soon need to send these documents to existing tenants. With this Court decision, landlords using well-drafted tenancy agreements can serve these documents by post without the risk of invalidating them. - Prevention of Potential Penalties
If the tenant had been successful in this appeal, landlords would have faced significant challenges, especially in proving compliance with new requirements under the Renters’ Rights Bill. By having clear clauses about serving documents by post, landlords can now ensure they meet future legal obligations without worrying about potential fines or disputes.
Conclusion
The D’Aubigny v Khan case strengthens the position of landlords, allowing them to serve important tenancy-related documents by post when their tenancy agreements permit it. The ruling is a reminder of the importance of clear, detailed tenancy agreements to protect landlords from liability and ensure compliance with current and future housing laws.
As the Renters’ Rights Bill progresses, landlords should review their tenancy agreements to ensure they reflect the most current legal requirements and make use of the confidence that this ruling provides in serving documents effectively.
