Lesson 3 – Serving Notices Correctly

Introduction

Serving notices correctly is one of the most important responsibilities of a residential landlord. Even where a tenant has clearly breached the lease agreement, failing to issue the correct notice or serving it improperly can delay legal proceedings, weaken the landlord’s case or result in an eviction application being dismissed.

Notices provide tenants with an opportunity to understand the breach, remedy the problem where appropriate and comply with their contractual obligations before further legal action is taken. They also demonstrate that the landlord has acted fairly and reasonably.

This lesson explains the different types of notices commonly used during a tenancy, how they should be prepared, applicable notice periods and the importance of maintaining accurate records and proof of service.

Learning Objectives

By the end of this lesson, you will be able to:

• Understand the purpose of landlord notices.
• Prepare effective letters of demand.
• Issue notices to remedy breaches correctly.
• Understand notice periods.
• Keep proper records and proof of service.
• Reduce the risk of procedural errors during legal proceedings.

Why Notices Are Important

A notice is a formal written communication informing the tenant of an issue that requires attention.

Proper notices help to:

• Inform the tenant of their obligations.
• Give the tenant an opportunity to remedy a breach.
• Demonstrate fairness.
• Reduce misunderstandings.
• Support legal proceedings.
• Create a written record of the landlord’s actions.

Many disputes can be resolved once a tenant receives a properly drafted notice.

Types of Notices

Residential landlords commonly use several different types of notices during a tenancy.

These include:

• Letters of demand.
• Notices to remedy a breach.
• Notices relating to inspections.
• Notices concerning maintenance.
• Notices of lease termination.
• Other contractual notices required by the lease agreement.

Each notice serves a different legal and practical purpose.

Letters of Demand

A letter of demand is often the first formal step when a tenant fails to comply with the lease agreement.

It advises the tenant that:

• A breach has occurred.
• The landlord requires corrective action.
• Failure to comply may result in further legal action.

Letters of demand are commonly used for:

• Rent arrears.
• Outstanding utility payments.
• Damage to the property.
• Failure to comply with lease obligations.

A professionally written letter often resolves the matter without litigation.

Contents of a Letter of Demand

A letter of demand should clearly include:

• The date.
• The names of the landlord and tenant.
• The property address.
• A description of the breach.
• The amount owing where applicable.
• The action is required.
• The time allowed to comply where appropriate.
• The consequences of failing to respond.
• The landlord’s contact details.

The wording should remain factual, professional and courteous.

Notices to Remedy a Breach

Where a tenant has breached the lease agreement, the landlord will often issue a notice requiring the tenant to remedy the breach.

Examples include:

• Paying outstanding rent.
• Repairing damage caused by negligence.
• Removing unauthorised occupants.
• Ceasing prohibited activities.
• Complying with house rules.

The notice should clearly explain what the tenant must do to resolve the breach.

Purpose of a Breach Notice

A breach notice serves several important purposes.

It:

• Identifies the problem.
• Gives the tenant an opportunity to correct it.
• Demonstrates procedural fairness.
• Creates documentary evidence.
• Supports future legal action if necessary.

Issuing a breach notice often helps resolve disputes before court proceedings become necessary.

Notice Periods

The applicable notice period depends on:

• The wording of the lease agreement.
• The nature of the breach.
• Any applicable legal requirements.

Many lease agreements specify how much time a tenant has to remedy a breach before further action may be taken.

Landlords should always follow the notice provisions contained in the lease agreement and ensure that any legal requirements are also satisfied.

Calculating Notice Periods

When calculating notice periods, landlords should:

• Confirm the date the notice is served.
• Calculate the period accurately.
• Allow the tenant the full period provided.
• Keep records of important dates.
• Avoid taking legal action before the notice period has expired.

Incorrect calculations can delay legal proceedings.

Service of Notices

Serving a notice means ensuring that it reaches the tenant in accordance with the lease agreement or applicable law.

Common methods include:

• Personal delivery.
• Registered mail where appropriate.
• Courier delivery.
• Email where permitted by the lease agreement.
• Other agreed methods of communication.

The landlord should always comply with the notice provisions contained in the lease agreement.

Proof of Service

If legal proceedings become necessary, the landlord may need to prove that the notice was properly served.

Useful evidence includes:

• Signed acknowledgements.
• Delivery receipts.
• Registered mail confirmations.
• Courier tracking records.
• Email delivery confirmations where appropriate.
• Affidavits from persons who delivered the notice.

Without proof of service, disputes may arise about whether the tenant actually received the notice.

Record Keeping

Accurate records are essential throughout the tenancy.

Landlords should keep copies of:

• Lease agreements.
• Letters of demand.
• Breach notices.
• Inspection notices.
• Emails.
• Text messages where relevant.
• Rent schedules.
• Payment records.
• Photographs.
• Maintenance reports.
• Delivery receipts.
• Proof of service.

Good record keeping strengthens the landlord’s position during Tribunal hearings and court proceedings.

Common Mistakes When Serving Notices

Some of the most common errors include:

• Serving notices at the wrong address.
• Failing to describe the breach clearly.
• Using incorrect dates.
• Giving insufficient time to respond.
• Not following the notice provisions in the lease agreement.
• Failing to keep proof of delivery.
• Using threatening or inappropriate language.
• Proceeding with legal action before the notice period has expired.

Avoiding these mistakes can prevent costly delays.

When a Tenant Ignores the Notice

If the tenant fails to respond or remedy the breach within the required period, the landlord may consider:

• Issuing further correspondence.
• Terminating the lease where permitted.
• Referring the matter to the Rental Housing Tribunal where appropriate.
• Commencing legal proceedings.
• Applying for an eviction order if the tenant becomes an unlawful occupier.

Every step should be documented carefully.

Professional Communication

All notices should be:

• Clear.
• Accurate.
• Respectful.
• Free from emotional language.
• Consistent with the lease agreement.
• Legally compliant.

Professional communication often improves cooperation and reduces conflict.

Best Practice for Landlords

Professional landlords should:

• Use standard notice templates.
• Review lease agreements before issuing notices.
• Check dates carefully.
• Keep copies of every document.
• Maintain proof of service.
• Record all communication.
• Seek legal advice where complex issues arise.

Consistent procedures reduce legal risk and improve the likelihood of successful enforcement.

Lesson Summary

Serving notices correctly is a fundamental part of professional property management. Letters of demand and notices to remedy breaches provide tenants with an opportunity to comply with their obligations while creating important evidence for future legal proceedings. By following the notice provisions contained in the lease agreement, observing applicable notice periods, maintaining comprehensive records and retaining proof of service, landlords can protect their legal position and improve the prospects of resolving disputes quickly and lawfully.