Following a recent Court of Appeal case (D’Aubigny v Khan and another, 2025), landlords are reminded of the importance of correctly serving key documents like gas safety certificates, EPCs, and the How to Rent guide.

The case confirmed that:

• Posting documents to the property address using first-class post can be enough, if the tenancy agreement allows it.
• There’s a strong legal presumption that letters properly posted are delivered — unless tenants provide strong evidence they didn’t receive them.
• However, relying on the postal service alone can still lead to costly disputes.

Key Tip:
Make sure your tenancy agreements allow notices to be sent both by first class post and by email. Updating your agreements and sending documents by multiple methods gives extra protection if things go wrong later.

Why it matters:
Even though Section 21 is being abolished, landlords will still need to serve other important notices correctly under the new Renters’ Rights Bill.

Amendment to tenancy agreement

“Service of Notices
Any notice or document to be given under or in connection with this agreement shall be deemed properly served if:
(a) sent by first class post to the Tenant at the Property address; or
(b) sent by email to the Tenant’s email address as stated in this agreement or subsequently notified in writing; or
(c) personally delivered to the Tenant at the Property.

Service shall be deemed effective:

• two working days after posting by first class post;

• immediately upon successful transmission by email (provided no undeliverable message is received); or

• at the time of personal delivery.

The Tenant agrees that email service is acceptable for all notices under this agreement, including statutory notices, provided that a copy is also retained by the Landlord for record-keeping purposes.”

Potential letter to existing tenants

Dear [Tenant Name],

Just a quick update: following a recent court ruling, we’re making sure our records are even more robust. Important documents like your gas safety certificate, EPC, and How to Rent guide may be sent to you by post and/or email.

This helps us ensure you always receive the necessary information, and keeps everything compliant with the latest regulations.

If you have any questions or need copies of any documents, just let us know!

Best wishes,
[Your Name/Agency Name]