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During Tenancy
During a tenancy
A guide for landlords
Once the tenancy
agreement has been signed, your tenant has moved in and
their tenancy is underway, you need to be aware of a range
of procedures that must be followed during a tenancy.
Right of entry
One of your
responsibilities as a landlord is to ensure that the
tenant's reasonable peace, comfort and privacy are not
interrupted by you or any other person under your control.
Tenants have a basic right to quiet enjoyment of the
premises they are renting.
For this reason, the law restricts the amount of access
you, or we have as your agent or anyone acting on your
behalf can have to the property while it is being rented
out. You are only allowed to enter the premises at certain
times for certain reasons. You must not 'drop by'
unannounced, look over the fence or do anything else to
disturb the tenant's privacy and quiet enjoyment.
Notice prior to entry
The amount of
notice you or we as your agent must give to the tenant
depends on the reason for entering the premises.In addition
to reasons below, you, or us as your agent, or any other
person acting on your behalf can access the property at any
time for any reason if the tenant consents, which may also
include agreeing to a shorter period of notice.
Reason Notice required
- To inspect the premises (no more than 4 times per year) At least 7 days written notice
- To do ordinary repairs or carry out maintenance At least 2 days notice
- To carry out urgent repairs, such as fixing a burst water pipe, a gas leak or a blocked toilet (see clause 19 of the lease for a full list of matters considered to be urgent repairs) None
- To comply with health and safety obligations, such as installing smoke alarms At least 2 days notice
- To obtain a property valuation (no more than once in a 12 month period) At least 7 days notice
- To show a prospective tenant (only permitted in the last 14 days before the existing tenancy is due to end) Reasonable notice on each occasion
- In an emergency- None
- If you have tried to contact the tenant and been unable to do so and have reasonable cause for serious concern about the health or safety of the tenant or other occupants None
- If you reasonably believe the premises have been
abandoned- None
To show the premises to prospective buyers As agreed
with the tenant or, if there is nothing agreed, no more
than 2 inspections per week, with 48 hours notice each
time
In accordance with a Consumer, Trader and Tenancy Tribunal
order As determined by the Tribunal
Time limits on access
In most
circumstances, access is not permitted on Sundays, public
holidays or outside the hours of 8am to 8pm. You must not
stay on the premises longer than is necessary to achieve
the purpose given for access. Where practical, the tenant
should be notified of the time when access will be
required. These limits do not apply in an emergency, to
carry out urgent repairs, if the tenant agrees otherwise,
if the premises are abandoned or if access is in accordance
with a Tribunal order.
Presence of tenant
Your tenant does
not have to be present at the time of entry so long as
proper notice (if any is required) has been given. You can
access the premises using your own set of keys. However, if
a dispute is likely to arise it may be advisable not to
enter the premises in the absence of the tenant and seek a
Tribunal order instead. Likewise, it is best not to force
entry if you do not have a set of keys or the locks have
been changed by the tenant, unless it is absolutely
necessary.
Problems gaining access
The law says
that tenants must not deny or hinder your right to access
if proper notice has been given. If your tenant refuses to
allow you access to the premises, an application can be
lodged with the Tribunal seeking an order allowing
entry.
Penalties apply
If the access
requirements are not followed, penalties can be imposed and
the tenant could seek compensation through the Tribunal
along with other orders.
Putting up the rent
If you are
considering increasing the rent there are rules you need to
follow.
When can rent be increased
If the
fixed term period of the agreement has ended and the tenant
is on a continuing (periodic) tenancy you may increase the
rent. Rent can be increased during the fixed term of the
agreement only in certain circumstances (see below).
Notice of a rent increase
Before any
rent increase can take effect, you must give the tenant at
least 60 days notice in writing before the date the
increase becomes payable.
The notice must-
- Specify the proposed new amount of rent (not the amount of the increase), and
- Specify the date from which the increased rent is payable, and
- Be signed, dated and properly addressed to the
tenant
If the notice is being posted, you must allow an
extra 4 working days for delivery.
During the fixed term
During a fixed
term agreement of 2 years or less the rent cannot be
increased, unless a term has been added to the agreement
saying it can. The term in the agreement must spell out the
amount of the increase or the exact method of calculating
the increase (eg. a dollar amount or %). It cannot be
unclear, like 'in line with the market' or 'by the rate of
inflation'. Even where the tenant has agreed to the
increase in the agreement, you still have to provide the
minimum 60 days written notice before the increase can take
effect.
During a fixed term agreement of more than 2 years the rent
can be increased at anytime (so long as 60 days notice is
given) but cannot be increased more than once in any 12
month period. It is important to note that the tenant can
give 21 days written notice and vacate before the rent
increase becomes payable and is not considered to have
broken the agreement early. You cannot avoid having to give
60 days notice by signing a new agreement with the same
tenant. The notice still has to be given 60 days before the
rent increase can take effect.
Failure to provide proper notice could result in fines
being imposed as well as an order from the Consumer, Trader
and Tenancy Tribunal to pay back any unlawful increase to
the tenant for the previous 12 months. If you have entered
into a tenancy without having a written agreement in place
you cannot increase the rent during the first six months.
You cannot ask the tenant to ‘top-up’ the bond following a
rent increase.
Negotiating with the tenant
After we
have given notice, the tenant may approach us asking to
have the increase reduced or withdrawn. If you agree on a
smaller increase you do not have to serve another notice –
the agreed rent simply becomes payable from the same day as
the original notice.
Disputes about rent increases
The
tenant can apply to the Tribunal if they believe that a
rent increase is excessive. The Tribunal has the power to
set the rent for the next 12 months. The Tribunal will look
at evidence about whether the proposed rent is in line with
the general market rent for similar premises in the area or
a similar locality. It will also look at evidence of other
factors, such as the state of repair of the premises, any
improvements done by the tenant and when the last rent
increase occurred. It is a matter for the tenant to prove
their case if they apply to the Tribunal.
Frequency of rent increases
You
should carefully consider the frequency and amounts of rent
increases. Regularly reviewing the rent you are charging
and increasing it by small amounts helps to keep the rent
at or near the market level. This in turns avoids the need
for large increases that can cause the tenant to leave or
encourage them to challenge the increase. On the other
hand, some landlords see merit in keeping the rent below
the market level in order to retain a long-term good tenant
and avoid the costs associated with having the premises
vacant and finding a new tenant. Timing is another factor
to take into account. For example, most landlords would
choose not to give a rent increase notice that took effect
just before Christmas.
Passing on water charges to tenants of rented
properties
You can pass on water
usage charges to your tenant provided all the minimum
criteria have been met.
Minimum criteria
The minimum criteria
for passing on water usage charges is-
- The rental premises must be individually metered (or water is delivered by vehicle, such as those with water tanks on rural properties) and
- The charges must not exceed the amount billed for water usage by the water supplier and
- The rental premises must meet required ‘water
efficiency’ standards
Water efficiency standards
- A rental property is considered water efficient if it meets these standards
- Water efficient devices Minimum water efficiency standard required
- Internal cold water taps and single mixer taps for kitchen sinks and bathroom hand basins A maximum flow rate of nine litres per minute
- Showerheads A maximum flow rate of nine litres per minute
- No leaking taps No leaking taps anywhere on the premises at the start of the tenancy or when the other water efficiency measures are installed
- The requirement for sink and basin taps to have a maximum flow rate of nine litres per minute does not apply to other taps in the premises, such as bathtub taps, laundry taps, outside taps for the garden, or taps which supply washing machines and dishwashers
- You do not necessarily need to change the showerheads
and tap fittings. The water efficiency measures can be
achieved simply by installing aerators or regulators to
existing taps and showerheads and fixing any leaking taps
on the premises
Proving water efficiency
The presence
of the water efficiency measures needs to be noted on the
ingoing Condition report for the premises. There is no
requirement to provide a report from a plumber or the water
supply authority certifying their existence. However, it
may help to keep-
- Invoices or file notes of work done
- Receipts for any items bought
- Packaging, warranties or instruction manuals
If you are unsure if your existing taps and showerheads
meet the required standards you could carry out a simple
bucket and stop watch test to see if, when fully turned on,
the flow rate is less than 9 litres in a minute.
For any water fixtures made from 2005 onwards, the easiest
way to check if they meet the required efficiency standard
is to look for products with a Water Efficiency Labelling
and Standards scheme (WELS) rating of three stars or
higher. A three star rating indicates a maximum flow rate
of 9 litres per minute. WELS is Australia’s water
efficiency labelling scheme which rates fixtures including
taps and showerheads according to water efficiency.
Timeframe for installing water efficiency
measures
If you are entering into a new
tenancy agreement from 31 January 2011, you need to ensure
the premises are water efficient in order to pass on water
usage charges to the tenant. For all tenancies in place
prior to 31 January 2011, you have 12 months to make the
premises water efficient. You will be able to continue to
charge existing tenants for water usage during this
transitional period even if the premises are not water
efficient. From 31 January 2012, you will need to ensure
the premises are water efficient if you wish to continue
charging the tenant directly for water usage.
Charges limited to water usage
Only
the water usage (volume) costs charged by the supplier may
be charged to the tenant. Other costs on the water bill,
such as water service or sewerage services are payable by
you and cannot be charged directly to the tenant. You
cannot charge the tenant an administration fee for passing
on the bill, late fees or additional amounts.
Asking the tenant for payment
The
tenant has to be given a copy of the part of the water bill
you receive setting out the water usage charges or some
other evidence showing how you calculated how much they owe
for water. You must seek reimbursement within 3 months of
getting the bill, otherwise the tenant doesn’t have to pay.
The tenant must be given 21 days to pay the amount they owe
you. If you request payment within the 3 months, and the
tenant doesn’t pay, you can still take action to recover
the money later on (e.g. by making a claim against the
bond).
Things to know
Some important points to remember include-
- If the tenant removes or tampers with the water efficiency devices they still have to pay for water usage
- Water billing periods are unlikely to align with tenancy agreements. It is important that the water meter reading be noted on the condition report at the start and end of each tenancy to accurately calculate each tenant’s water consumption
- These provisions apply to all tenancies, regardless of the terms of any existing tenancy agreements. However, tenants in social housing premises may have a different system applied for calculating and paying for water usage. Contact Housing NSW for further information
- If the water usage charges suddenly go up by a significant amount, this may indicate a leak or faulty appliance in the premises requiring your urgent attention. It may be helpful to contact the water supplier about average water consumption
- You cannot save up all the water bills and pass them on to the tenant at the end of the tenancy. Payment must be requested within 3 months of receiving each bill.
- You must pay the water supplier’s bill, even if you have not yet received the tenant’s payment
- When the tenant vacates the property, check that the
water efficiency measures are still in place when you
complete the final condition report
Non-payment of rent
What landlords should do
if rent is not paid
The tenant not paying rent is one of the most serious
issues you may face. It is important that we deal with it
as early as possible.
Early action
When the tenant is a few
days late in paying the rent it is good practice for us to
send them a reminder letter of the overdue payment. They
may have just forgotten to pay the rent on that particular
day. If we have a phone number for the tenant, giving them
a call may also be a good idea.
If the tenant is regularly late paying the rent ywe will
wish to discuss with them changing the method of payment to
one which provides more certainty, such as a direct debit
arrangement. Centrelink offers a free direct bill-paying
service (called Centrepay) to customers receiving payments
from Centrelink. This service includes rent paid to social
housing providers as well as private landlords and
agents.
One of the terms of the tenancy agreement is that the
tenant agrees to pay rent on time. If they are not doing
this we can apply to the Consumer, Trader and Tenancy
Tribunal for an order that the tenant comply with the terms
of the agreement. This type of application is best suited
where a tenant is frequently or regularly a few days late
with the rent. However, it is important to note that such
an application cannot result in the termination of the
tenancy if the non–payment of rent continues.
Serving a termination notice
If the
tenant falls more than 14 days behind with the rent we can
serve them with a termination notice, giving them 14 days
to vacate the property. The notice must-
- Be in writing
- Be signed and dated by you or your agent
- Be properly addressed to the tenant
- Give the day on or by which the tenant is requested to vacate
- State that the grounds or reason for giving the notice is because the tenant is more than 14 days behind with the rent
- Include a statement informing the tenant that
they do not have to vacate if the tenant pays all the rent
owing or enters into, and fully complies with, a repayment
plan agreed with the landlord.
Repayment plans
A repayment plan is a
plan you may agree on with the tenant for the outstanding
rent to be paid over a period of time, on top of the normal
rent payments. You and the tenant would both need to agree
on the plan, including the frequency and amounts to be
repaid.
Both parties need to be practical and reasonable, so that
all rent owing is paid as quickly as possible. The
arrangement should be put in writing and signed by both
parties to avoid any misunderstanding or disputes over what
was agreed. If you cannot agree on a repayment plan the
Tribunal may help to set one up as part of the conciliation
process once the matter gets to the Tribunal.
Applying to the Tribunal
You need to
consider when is the best time to apply to the Tribunal for
a termination order.
You can apply to the Tribunal at the same time as or after
serving the notice to the tenant. If you apply at the same
time as giving notice, this will save you time, as the
Tribunal will be able to list your hearing sooner (as early
as possible after the termination date in the notice). The
application fee is not refundable if the tenant leaves or
catches up the rent and you do not need a hearing. However,
the application fee is a relatively small amount compared
to the rent that could potentially be saved. If you have
applied and then find you do not need a hearing, it is
important to let the Tribunal know so the hearing can be
cancelled.
Alternatively, you can wait until after the termination
date in your notice before applying to the Tribunal. This
way you will know if you need a hearing, because the tenant
has not moved out or has not paid (or is not paying off)
the rent owed. However, this could add up to 2 weeks before
hearing date compared to applying at the same time as
giving notice. The application cannot be made more than 30
days after the termination date in the notice, unless you
apply for and the Tribunal grants you an extension.
Guarantee of tenancy continuing
There
is a general guarantee that the tenancy will continue if
the tenant catches up with the rent or you agree to a
repayment plan and they stick to it. If this happens after
you have already applied to the Tribunal then a termination
order would not generally be able to be made.If the tenant
catches up the rent or enters into and complies with a
repayment plan after the Tribunal has given a termination
order, the general guarantee of the tenancy continuing
still applies. This means you are unable to enforce the
order even if you have already obtained a warrant for
possession. In a practical sense the tenant has up until
the Sheriff enforces the warrant for possession to pay the
rent they owe. The exception is where the tenant frequently
pays late.
Frequent late payers
If the tenant
has a history of paying the rent late, you can apply for an
order from the Tribunal that the guarantee of the tenancy
continuing does not apply, at the same time that you apply
for the termination order. The Tribunal can make an order
that the tenancy will definitely end, even if the tenant
pays the rent they owe. Whether the Tribunal makes such an
order is a matter for the Tribunal to decide based on the
evidence presented at the hearing. Evidence could include
your rent records, reminder letters sent to the tenant or
previous applications to the Tribunal about rent.
Certain costs recoverable
As well as
unpaid rent, you can recover from the tenant the cost of-
- Replacing rent deposit books or rent cards lost by the tenant
- The amount of any bank fees for dishonoured rent
cheques, insufficient funds for direct debit rent payments
and the like
You cannot recover other costs such as Tribunal application fees, or the cost of enforcing the warrant or impose any form of penalty (eg. interest) for late payments.
Alteration requests from your
tenant
From time to time, a tenant may ask
for permission to make a small change or add a fixture to
the premises at their own expense, to increase their
comfort or security. You should give careful consideration
to such requests.
No changes without consent
The tenant
must first seek your written consent before they add a
fixture or make any renovation, alteration or addition to
the premises. If they do so without your consent they are
breaching the terms of the tenancy agreement. You can apply
to the Consumer, Trader and Tenancy Tribunal for orders
that the tenant comply with the agreement and restore the
premises to the previous condition.
If the tenant approaches you with a request to add a
fixture or make a change to the premises and you think it
is reasonable, you may give your written consent for the
tenant to make the change. You could also think about
whether you would prefer to arrange and pay for the work to
be done yourself. That way you retain total control over
who does the work, how it is carried out and the types of
materials (if any) that are used.
Reasonable refusal
You may not
unreasonably refuse to give the tenant consent to add a
fixture or to make a change that is of a minor nature. The
law gives some guidance as to the types of reasons where it
would be reasonable to say no. These include-
- If the work involves structural changes (eg. knocking out a wall)
- If the work would not be reasonably capable of being rectified, repaired or removed
- If the work is not consistent with the nature of the property (eg. installing modern fixtures on a heritage property)
- If the work is prohibited under a law (such as a strata by-law)
- Painting (see below for more information)
This is not an exhaustive list. There may be other
reasonable reasons to decline the tenant’s request. You
should let the tenant know what the reason is if you say
no. It is best that this in writing. Be aware that if the
tenant thinks you are not being reasonable they can apply
to the Tribunal for permission to make the change.
Painting the premises
Whether the
tenant can paint the premises (inside or out) is a matter
over which you have total control. The Tribunal cannot give
consent to a tenant if you say no. Before you give the
tenant permission to paint the premises it may be a good
idea to get them to show you which colour/s they intend to
use. You may also want a say in which brand of paint is
used and how many coats are applied. Make sure these
details are included in your written consent. It is good
practice to arrange an inspection after the work has been
completed to see that the painting has been done to a
satisfactory standard.
Minor alterations
The law does not
define what is a change of a ‘minor nature’. This will
depend on the property and the circumstances. It is for you
and the tenant to agree on or for the Tribunal to resolve
if a dispute arises.
Examples of some common types of requests you may think are
reasonable include-
- Installing extra window safety devices for small children
- Installing additional security features above what is required
- Having a phone line connected
- Connecting to the National Broadband Network
- Putting a reasonable number of picture hooks in the wall
- Planting some vegetables or flowers in the garden
- Connecting to Foxtel
- Replacing the toilet seat
- Installing a grab rail in the shower for elderly or
disabled occupants
Compensating the tenant
Generally, an
added fixture or change made by the tenant is at their
expense, unless you agree otherwise. For example, you may
offer to cover the cost of the materials or give a rent
reduction if you let them paint the premises. It is
entirely up to you. The tenant cannot go to the Tribunal
seeking to get money back for improvements they make.
Removal of fixtures at end of
tenancy
If your tenant paid for any fixtures
in the premises, they are allowed to remove them at the end
of the tenancy, as long as they notify you or your agent of
any damage this causes. The tenant must then either pay for
the cost of repairs, or arrange to repair any damage to a
satisfactory standard. If you paid for the fixture in some
way, then the tenant is not allowed to remove it without
your consent.
If necessary, you can apply to the Tribunal for an order
that prohibits the tenant from removing a fixture, or an
order that the tenant pay for repairs to any damage they
have caused in removing a fixture.
If the tenant does not remove a fixture they have added by
the time they hand back possession they cannot come back
and get it later on. It ceases to belong to them and forms
part of the premises. It is up to you whether or not you
wish to keep it in the premises for the next tenant.
Remedies for unsatisfactory work
You
can apply to the Tribunal seeking an order against the
tenant for the cost of rectifying work done by or on behalf
of the tenant if-
- The work was not done to a satisfactory standard, or
- If it is not rectified it is likely to adversely
affect you ability to rent the premises in the future to
other tenants
Such an application can be made whether or not you gave the
tenant consent to add the fixture or to make the
change.
Sub-letting requests from your
tenant
A tenant may ask permission to sub–let
or transfer part of the premises or the whole tenancy. This
cannot be done without consent. You should give careful
consideration to such requests.
The different arrangements
There can
be a number of different arrangements in place where
tenants are sharing a home.
Sub-letting
Is where the tenant
enters into a formal agreement with somebody else to rent
part of the premises (e.g. the garage or granny flat) or
the whole premises to them. In effect, they are taking on
the role of landlord for the sub–tenant. However, they
remain your tenant and continue to be responsible for
paying the whole of the rent to you. There is no
contractual arrangement between you and the sub–tenant. For
example, the sub-tenant would pay their rent to your tenant
not to you. Your tenant would be responsible for the
actions of the sub-tenant. If, for instance, the sub–tenant
caused damage to the premises your tenant would need to fix
it or pay for the cost of the repairs. They may be able to
recover the cost by taking action against the
sub–tenant.
Transferring or assigning the
lease
This is different to sub–letting and
involves the tenant's rights and obligations under the
tenancy agreement being transferred to another person. Your
tenant may wish to transfer the whole tenancy to a new
tenant or only part of the tenancy (i.e. by taking in a new
co-tenant). The new tenant is either jointly responsible to
you (in the case of a new co-tenant) or wholly responsible
to you if the whole tenancy is transferred. The existing
tenancy agreement, including any remaining fixed term
period and the rent payable, is transferred to the new
tenant or co–tenant. There is no need to sign a new
agreement, although it is best to put the arrangement in
writing to avoid any disputes later on.
Additional occupants
This arrangement
falls outside the sub–letting and transferring rules. This
is where the tenant wishes to have somebody stay with them
in the premises on an informal basis. This could be a
family member, friend or stranger and it may be a temporary
or longer term arrangement. Exclusive use or possession of
part of the premises is not granted. All areas of the
premises are simply shared. The new person is just an
additional occupant, not a tenant, even though they may be
paying money to the tenant. The tenant is responsible for
the actions of any occupants or guests they allow in the
premises.
Consent of the Landlord
Your tenant
must first seek your written consent before they sub–let or
transfer any part of the premises. If they do this without
your consent they are breaching the terms of the tenancy
agreement. You can take action through the Consumer, Trader
and Tenancy Tribunal for an order that they comply with the
agreement.
If the tenant wants to sub–let or transfer the whole
premises, approval is completely at your discretion. If you
say no the tenant cannot apply to the Tribunal.
However, if the tenant wants to sub–let only part of the
premises or take in a new co–tenant, you cannot
unreasonably say no. You can ask for information about the
prospective sub–tenant or co-tenant such as their name and
details of their past rental history. You can ask that an
application for tenancy form be filled out if you have one.
You could also meet and interview the person, as you would
do with a new tenant.
If the tenant just wants to have an additional occupant
living with them they do not need to tell you who they are
or get your consent, as long as they do not exceed the
maximum number of permitted occupants stated on the tenancy
agreement.
Reasonable refusal
As mentioned
above, you cannot unreasonably say no to a request from the
tenant to sub–let part of the premises or take in a new
co–tenant. The law gives some examples of when it would be
reasonable to say no. These are-
- If the maximum number of occupants permitted under the tenancy agreement would be exceeded
- If the total number of occupants would exceed any local council rules and regulations
- If the person being proposed is listed on a tenancy database
- If you reasonably believe it would result in the
premises being overcrowded
This is not an exhaustive list. There may be other
situations where it would be reasonable to decline the
tenant's request. You should let the tenant know what the
reason is if you say no. It is best to do this in writing.
Be aware that if the tenant thinks you are not being
reasonable they can apply to the Tribunal.
Costs of sub–letting
You cannot
charge the tenant for giving consent to a transfer or
sub–letting, other than any reasonable expenses incurred.
In most situations there is unlikely to be any expense
involved.
While the new sub–tenant or co–tenant may mean there is
extra income in the household it does not mean that you can
automatically increase the rent. The same rules for putting
the rent up still apply.
Changing bond records
Where a bond
has been paid and co–tenants subsequently change,
co–tenants can pass bond money between themselves from the
incoming to the outgoing person. A Change of Shared Tenancy
Arrangement form will need to be signed and lodged with NSW
Fair Trading so that the names on the bond record can be
updated.
Social housing providers
The need to
be reasonable when considering requests to add a co–tenant
or sub–let part of the premises does not apply to social
housing providers, such as Housing NSW. Who can live in the
premises is determined by the social housing provider's own
policies and procedures.
Serving notice
To your tenant, landlord or agent
There are a
number of circumstances where it is necessary to give
written notice, such as putting up the rent, notifying
access for an inspection or to terminate the tenancy
agreement. When serving a notice it is important that you
follow the correct procedures. If you don't do this you run
the risk of causing an unnecessary delay or having to start
the whole process all over again or incurring extra
costs.
Amount of notice required
The amount
of notice you need to give depends on the circumstances.
Different notice periods apply when a notice is served-
- From a tenant to end the tenancy agreement
- From a landlord to end the tenancy agreement
- To increase rent
- To access the premises to carry out an inspection
Counting days
Counting the days for
giving notice is set out in the Interpretation Act 1987,
which covers all Acts in NSW.
Days in the notice period (e.g. 14 days) are calendar days,
not working days. All days of the week are counted,
including weekends and public holidays. However, the day on
which the notice is served is not counted.
Example: If a tenant faxes or hand delivers a 21 day
termination notice on 1st February, the 21 days is counted
starting from 2nd February. The 21st day is 22nd
February.
If notice is sent by post, an extra 4 working days has to
be added to the notice period. Weekends, public holidays
and bank holidays are not counted in the 4 days.
Example: If a landlord posts a 14 day termination notice on
Friday 4th February, the 4 working days for postage starts
on Monday 7th February. The notice is considered to have
been served on Thursday 10th February. The first day of the
14 day notice period starts on Friday 11th and ends on
Thursday 24th February.
How to serve notice
You should not
use registered mail to serve notices, as it may not be
collected. You cannot serve a notice by pinning it on or
slipping it under the person's door. Likewise, you cannot
serve notices by email, text message or over the
phone.
A notice can be given by-
- Handing it to the tenant or landlord in person at their residential or business address or
- Handing it to somebody aged 16 or over at the tenant's or landlord's residential or business address or
- Personally putting it in the tenant’s or landlord's letterbox, in an envelope addressed to them or
- Posting it to the tenant or landlord at the address they have specified for receiving notices (e.g. care of an agent) or
- Mailing it by ordinary post (add an extra 4 working days to the notice period to allow for delivery) or
- Faxing it to the tenant or landlord
- If the tenant or landlord is a corporation, by faxing
or posting it or handing it to a person aged 16 or over at
the corporation's address
Where there are two or more tenants or landlords, the
notice may be given to either one and does not need to be
given to both.
Proof of service
We don't have to be
able to prove that the notice was received by the other
person, only that it was properly served. Therefore, keep a
copy of each notice, including some form of written record
of the method you used to serve it, and the date it was
sent or handed to the person.
If we are delivering a notice in person or putting it in a letterbox it may be a good idea to take along a witness. If a dispute is likely to arise it is better to err on the side of caution. Use more than one means of service or allow an extra day for service to be safe.