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Is it fair for LL notices to be served by post to a shared letterbox
AndrewAfresh2
Posts: 54 Forumite
I'm reviewing my first rental contract (I've not rented before) and it says that notices from LL/agent shall be deemed to have been received if they are posted by recorded or 1st class post. However, the flat shares a front door (and letterbox) with one other flat. I am worried that notices could go astray. Can I ask for the agreement to be amended to say that notices must be served by some other method e.g. email? Thank you for any help
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If that is the official mail delivery point for your flat then addressing a notice using that is sufficient to have it deemed delivered.
Email should not be considered a reliable method of notification. There are more things to go wrong E.G. mail server treats as spam and rejects it, your mail program treats it as spam and puts it in the spam folder or deletes it, etc0 -
reality check. Mail is delivered through letter boxes, not everyone has their own door with their own letterbox, sometimes mail ends up in communal hallways
if you are that concerned about the vague possibility of a LL notice being missed you must be positively terrified that your regular mail will never reach you as it too has to face the same gauntlet of "the other flat"0 -
AndrewAfresh2 wrote: »I'm reviewing my first rental contract (I've not rented before) and it says that notices from LL/agent shall be deemed to have been received if they are posted by recorded or 1st class post. However, the flat shares a front door (and letterbox) with one other flat. I am worried that notices could go astray. Can I ask for the agreement to be amended to say that notices must be served by some other method e.g. email? Thank you for any help
Life is so unfair isn't it? I'm rolling my eyes
The landlord could send you notice to your email account however a) you signed a tenancy agreement saying it would be sent by post, b) it could end up unnoticed in your spam folder, c) you could lock yourself out of your email account, d) the county court will serve papers to your postal address not your email account so you'd have the same (non) issue then anyway.0 -
Yes, it is fair. And legal.
If you are worried, you could ask that any notices are *also* sent via email.
If you are worried about you mail generally you could look into arranging with Royal Mail to collect your post rather than it being delivered. https://personal.help.royalmail.com/app/answers/detail/a_id/1513/~/can-i-have-my-mail-held-for-collection-from-my-local-delivery-office%3FAll posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
It's fair if notices from you to the landlord can be served in the same way.0
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Maybe you could ask for it to be sent by recorded for / signed delivery?
Offer to pay them the extra £1?Selling off the UK's gold reserves at USD 276 per ounce was a really good idea, which I will not citicise in any way.0 -
Doesn't necessarily help the OP if they miss the postie and don't get the card put through the door.Computer_Beginner wrote: »Maybe you could ask for it to be sent by recorded for / signed delivery?
Offer to pay them the extra £1?0 -
Well in that case I believe there will be no record of receipt, which is the whole point of asking them to use recorded delivery.0
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But then the tenant would be able to avoid any notice by refusing to sign. Usual provision in notices clauses is that a notice will be deemed served if it's been sent by recorded delivery i.e. it's mainly just to get proof of posting.Squirtle17 wrote: »Well in that case I believe there will be no record of receipt, which is the whole point of asking them to use recorded delivery.0 -
If you are a landlord, then service by first class mail with someone witnessing the envelope being put in the post box is the simplest and cheapest way of dealing with it. Using recorded delivery requires the item to be signed for - and if the person isn't there, then it may not be signed for / delivered. Best to keep it simple.0
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