Deemed Service of Eviction Notices
When serving eviction notices, landlords must ensure they comply with legal formalities to avoid challenges from tenants. One of the most critical aspects of this process is the deemed service of eviction notices, which determines when a legal document is considered received by the tenant. This concept becomes particularly relevant when disputes arise over whether a tenant was properly served with a notice. Additionally, the legal distinction between knowledge and notice, as clarified in Blunsden v Frogmore [2002] EWCA Civ 286, plays a crucial role in landlord-tenant disputes.
This blog will explore deemed service of eviction notices, its application under the Civil Procedure Rules (CPR), and the implications of Blunsden v Frogmore for landlords serving eviction notices.
What is Deemed Service of Documents?
Deemed service is a legal principle under the Civil Procedure Rules (CPR) Part 6, which sets out the rules for serving documents in civil proceedings, including possession claims and eviction notices. It establishes a presumption that a document is served at a specific time, regardless of whether the recipient has actually read it.
The Civil Procedure Rules (CPR) Part 6 governs the service of documents, but its strict requirements primarily apply to the service of the claim form, rather than to other documents such as eviction notices. However, courts frequently consider Part 6 when determining the validity of service of eviction notices, even though it is not always strictly applicable. Our blog Service of Eviction Notices and the Application of CPR Part 6 details this further.
Under CPR Rule 6.26, deemed service depends on the method of delivery:
- First-class post or document exchange (DX) – Deemed served on the second business day after posting.
- Delivery by hand – Served the same day if before 4:30 pm; otherwise, the next business day.
- Email or fax (if permitted) – Served the same day if sent before 4:30 pm; otherwise, the next business day.
This principle prevents tenants from claiming they did not receive an eviction notice when landlords have followed the correct service procedure.
Key Case Law: Blunsden v Frogmore [2002]
In Blunsden v Frogmore [2002] EWCA Civ 286, the Court of Appeal clarified the distinction between knowledge and notice in the context of deemed service.
Case Facts
Blunsden was the tenant of a property managed by Frogmore. A crucial document (a break notice) was posted, but the tenant argued he had not received it and was unaware of its existence. Despite this, the landlord claimed the notice was validly served under the deemed service rule.
Court’s Decision
The Court ruled that:
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Notice is not the same as knowledge. A recipient is deemed to have been served with a document even if they do not actually read it.
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The presumption of deemed service applies unless there is compelling evidence to rebut it.
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Landlords should strictly comply with service requirements to avoid disputes.
This decision reinforces the importance of landlords following formal service procedures to ensure eviction notices are legally effective, irrespective of whether the tenant acknowledges them.
Application for Landlords Serving Eviction Notices
Landlords serving eviction notices (such as Section 21 or Section 8 notices) must adhere to deemed service rules. Failure to serve notices correctly can lead to possession claims being struck out, delaying eviction and increasing costs.
Best Practices for Ensuring Valid Service
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Use Multiple Service Methods – Serve notices by post and hand-delivery for added security.
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Keep Proof of Service – Retain postage receipts, signed delivery confirmations, or witness statements.
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Follow CPR Timelines – Ensure eviction notices comply with deemed service timeframes.
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Confirm Service Address – Use the tenant’s last known address or any alternative address specified in the tenancy agreement.
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Obtain Tenant’s Email Consent – If serving via email, obtain prior written agreement.
Challenging Deemed Service: Tenant Defences
Tenants may attempt to rebut deemed service by proving exceptional circumstances, such as:
- Postal errors – Proof the letter was never delivered.
- Address errors – Sent to an incorrect or outdated address.
- Force majeure events – Circumstances beyond control (e.g., illness, accident) preventing receipt.
However, the burden of proof lies on the tenant, and courts typically uphold deemed service unless strong evidence suggests otherwise.
Conclusion
Understanding deemed service and the difference between knowledge and notice is crucial for landlords managing eviction proceedings. Blunsden v Frogmore confirms that as long as service rules are followed, the tenant is legally deemed to have received the notice, regardless of whether they read it.
To avoid disputes and delays, landlords should meticulously follow CPR Part 6 rules, document all service attempts, and seek legal advice if challenges arise. Ensuring compliance from the outset strengthens a landlord’s position in possession proceedings and prevents costly legal battles.