When to Serve Notice
The method and time-frame for serving notice will depend on the circumstances. Timings will differ depending on whether you are inside or outside the fixed term and which type of eviction notice you serve.
The signed contract is the first place to check for information about how to serve notice in your tenancy. The contract should include information about whether or not there is a break clause and also the way(s) in which notice should be served.
How to Serve Notice
The safest ways to give notice are:
- Giving notice to the tenant personally with a means of proving receipt (e.g. asking the tenant to sign, or having an independent witness)
- Leaving notice at the property, again with some proof of doing so (e.g. a photo with a time stamp)
The next safest are:
- Delivery via an accredited process server.
- Post via recorded delivery (this again proves sending, but is subject to the risk of it being returned undelivered or the tenant refusing to sign).
- Non-recorded post (proof of posting would demonstrate it was sent, but not if/when it was received).
The least safe is:
- Email (especially where you would not be able to prove that the other party agreed to be served by email, and/or that they actually received it).
When is notice considered to be 'served'?
It does not have to be proved that the recipient has received the notice, but the notice isn’t served until it has arrived (e.g. 2 days after sending for first class post).
For further details on providing notice in the context of evictions, please refer to our blog post below:
Information on this site is by way of general guidance only and may not apply in your particular circumstances. You should not act or refrain from acting upon information on this site without seeking independent legal advice.