I have served a section 21 notice on my tenant and they have not left as they are wanting to get a house through the council - who have done the usual of recommending she stays until there is a possession order in place.
My solicitor isn’t comfortable with the OpenRent process of electronically serving documents that a possession order requires physical certificates etc but I’ve only been doing it through the platform.
Has anybody found OpenRent contracts/use of the platform where everything is done digitally (in this scenario) to be dismissed by a judge in the accelerated possession route?
My solicitor wants to seek barrister advice however I’m unclear whether this is her own knowledge of the platform and process versus a transition from physical to digital servings that textbook law processes aren’t up to date with.
Any experience would be appreciated..
@Liam42
According to 'independent landlord ’ can be by email see How to serve valid Section 21 Notice Form 6A • The Independent Landlord
"
Provided the assured shorthold tenancy allows it, a landlord may serve Form 6A by email.
However, it’s really important to check the tenancy agreement to see if it’s permitted. Although OpenRent’s standard agreement contains a clause agreeing to receive notices by email, the NRLA one does not.
Given the importance of being able to prove delivery, I personally would not rely on email as it’s easier to prove one of the other methods. I would, however, use email in addition to another “hard copy” method.
"
Or eg
- It should be delivered as a hard copy unless your Tenancy Agreement specifies other acceptable methods (such as email).
https://www.lyonsdavidson.co.uk/im-a-tenant-is-the-section-21-notice-i-received-from-my-landlord-valid/?__cf_chl_tk=C_9EHgOb9CcZvYWeJocPd3f_8egCYQFMFduJrCXCqPM-1780434731-1.0.1.1-RFXlj4fFiA.iUg3AP0MlJkQHpz_jVc07gCJaola3TZ0
Check the nearly legal s21 flowchart
Ask OR legal team ( @Dan4 ) if a s21 notice served electronically via their processes has ever been overturned because it wasnt served by paper, for details of the case law and how many s21s they have served
Ask nrla or your landlord association
All that said why wouldnt you serve both electronically (both to email on tenancy agreement and whatsapp or other email addresses) and by paper by hand and by post anyway. Take copies round asap as ‘spares’ to save thrm having to print
Important thing is confirmation of delivery. So if tenants have confirmed theyve received it (and youve got evidence eg a txt reply, a record of a conversation when they said received witnessed or a message from them saying council told them not to leave till the possession order) thats what counts. If need be, visit with a friend as part of an ‘inspection visit’ and discuss with them the situation so you have a witness to them saying theyve received it.
Best
thanks for your time replying - my tenant isn’t disputing the Section 21 and I did serve this in person also. My challenge is that my solicitor isn’t comfortable that the OR processes/digital management of a tenancy is legally upholding based upon the responsibilities of the landlord (despite the contract section 13 stating this is ok)..
@Liam42
is your solicitor also uncomfortable with the use of electricity replacing gas lamps, and wanting everything written using quill and ink?
Ask some other solicitors with expertise in this area whether they think there is an issue given youve also served in person and tenants arent disputing it, and whether it needs a barrister’s expert opinion, and what the cost would be.
Sounds like you may need a new solicitor with expertise in evictions who isn’t trying to fleece you with extra costs
Try some of the nrla trusted partners
Best