Service of Eviction Notices and CPR Part 6
When serving an eviction notice, such as a Section 21 or Section 8 notice under the Housing Act 1988, landlords and their legal representatives must ensure that service is carried out correctly to avoid unnecessary disputes or delays in possession proceedings. One of the most common areas of confusion is the applicability of Part 6 of the Civil Procedure Rules (CPR) to the service of eviction notices. While CPR Part 6 strictly applies to the service of the claim form, it is often considered by the courts when assessing whether other documents, such as eviction notices, have been properly served.
In this blog, we will examine how CPR Part 6 applies (or does not apply) to eviction notices, why courts still refer to its principles, and the best practices landlords should follow when serving eviction notices to ensure compliance.
CPR Part 6: When Does It Apply?
1. CPR Part 6 Strictly Governs the Service of a Claim Form
Under CPR 6.1, Part 6 only applies to the service of the claim form and notices of claims issued in the County Court under Part 8. The claim form is the document that formally commences possession proceedings in court, and strict compliance with Part 6 is required for service to be valid.
If a landlord fails to serve the claim form in accordance with CPR Part 6, it could result in the possession claim being struck out or dismissed, requiring the landlord to start proceedings again—wasting time and incurring further costs.
2. Eviction Notices Are Not Claim Forms, So CPR Part 6 Does Not Strictly Apply
Eviction notices, such as a Section 21 or Section 8 notice, are not claim forms. They are legal notices required before a landlord can issue possession proceedings, but they do not commence proceedings themselves. Because of this, CPR Part 6 does not strictly govern the service of eviction notices.
Instead, eviction notices must be served in accordance with:
- The Housing Act 1988, which prescribes when a notice must be served and what information it must contain.
- The tenancy agreement, which may set out specific provisions for how notices should be served.
- Common law rules on service, which have developed through case law.
Why the Court May Still Consider CPR Part 6 When Assessing Service of Eviction Notices
Although CPR Part 6 does not strictly apply to eviction notices, its principles are often considered by the courts when determining whether a notice was properly served. This happens for several reasons:
1. Ensuring Clarity and Consistency
The methods of service allowed under CPR Part 6—such as personal service, first-class post, or leaving the document at the recipient’s usual address—are generally considered reliable. Even though Part 6 is not mandatory for eviction notices, courts may still refer to it as a guide for determining what constitutes valid service.
2. Fairness and Due Process
Courts must ensure that a tenant had proper notice of the eviction before possession proceedings commence. If an eviction notice was served in a manner that is unclear or disputed, the court may assess whether it meets the standards of fairness found in Part 6, even if those rules do not strictly apply.
3. Judicial Discretion and Remedies for Defective Service
If there is a dispute over service, the court has discretion to decide whether a notice was validly served. Unlike the claim form, where improper service under CPR Part 6 can be fatal to a case, defects in serving an eviction notice may sometimes be remedied if the tenant still received actual notice.
For example, in Bethell Construction Ltd v Deloitte & Touche [2011] EWCA Civ 1321, the Court of Appeal confirmed that defects in service of documents (other than the claim form) may be overlooked if they do not cause prejudice to the recipient. This principle has been applied in possession cases where tenants had actual knowledge of an eviction notice, even if service was technically defective.
Best Practices for Serving Eviction Notices to Avoid Disputes
Although CPR Part 6 does not strictly govern eviction notices, landlords should follow similar principles to ensure notices are validly served. The following best practices will reduce the risk of disputes and delays:
1. Serve the Notice in Multiple Ways
To ensure a tenant cannot dispute service, it is best to serve the notice by multiple methods, including:
- Hand delivery: If safe to do so, hand the notice to the tenant personally and take a witness.
- Posting through the letterbox: If the tenant is not available, leaving the notice in their home’s letterbox is a reliable method.
- First-class post: Send a copy via recorded or first-class post and retain proof of postage.
- Email (if agreed in the tenancy agreement): Some tenancy agreements permit service by email.
2. Keep Evidence of Service
Courts require proof of service in possession proceedings, so landlords should:
- Obtain a certificate of posting if sending by post.
- Take a photo or video evidence when delivering by hand.
- Have a witness accompany them when serving the notice.
3. Check the Tenancy Agreement
Some tenancy agreements include specific clauses on how notices must be served. If an agreement states that service must be by post, a landlord must comply with this requirement.
4. Allow Extra Time for Service
If serving a Section 21 notice, landlords must comply with the minimum two-month notice period. However, if posting the notice, it is wise to allow additional time to account for postal delays. Following CPR 6.26, which prescribes deemed service two business days after posting, can help ensure compliance.
Conclusion: Follow CPR Part 6 Principles Even if Not Required
While CPR Part 6 does not strictly apply to eviction notices, courts frequently refer to its service methods and principles when assessing the validity of notice service. Following best practices that align with CPR Part 6’s approach to service can prevent disputes, strengthen a possession claim, and avoid costly delays.
By serving notices promptly, using multiple methods, and keeping detailed evidence, landlords can ensure that eviction notices are properly served and avoid unnecessary challenges when seeking possession through the courts.