Check your tenancy agreement before emailing Form 3A

Suppose a landlord intends to sell, serves Form 3A relying on Ground 1A, emails it to the tenant and waits four months. When the landlord later prepares the court claim, someone checks the tenancy agreement and discovers that it does not authorise service by email.

That creates a serious risk. Government guidance says Form 3A should be served by email only if the written tenancy agreement clearly makes email an agreed method of service. If email was not authorised, the landlord may be unable to prove valid service and may need to serve a fresh notice and allow the notice period to run again.

Ground 1A normally requires four months’ notice. Ground 8 rent-arrears cases have a shorter minimum notice period, but the same service issue remains: using an unauthorised method can undermine the notice.

Because landlords and tenants routinely communicate by email, emailing a formal notice may feel natural. But ordinary correspondence does not necessarily establish an agreed contractual method for serving legal notices.

Different documents, different rules

Since 1^st May 2026, a tenant ending an assured periodic tenancy generally gives notice in writing—for example, by letter, email or text. Government guidance presents those as available methods; a landlord should not assume that this gives the landlord the same freedom when serving a prescribed notice.

Form 3A is different. Its guidance says that, where the written tenancy agreement specifies how notice must be served, the landlord should follow that method. Email should be used only where the agreement clearly identifies it as an agreed method.

Form 4A, used for a section 13 rent increase, follows a similar approach. Government guidance allows service by email where the tenancy agreement permits it. The form itself says that, if the agreement specifies agreed methods, one of those methods should be used; otherwise it identifies personal delivery, leaving the notice at the tenant’s address witnessed by someone independent, or first class post with a proof of postage receipt – by far the best way.

Court proceedings are governed by separate procedural rules. Do not assume that a method suitable for pre-action correspondence will also be suitable for serving court documents.

“We have always communicated by email” is not a safe substitute for checking the agreement and the rules governing the particular document.

Check the agreement you already have

The Renters’ Rights Act 2025 did not require landlords to replace or reissue an existing written tenancy agreement when the new tenancy system took effect on 1^st May 2026. An older agreement, and its service clause, may therefore still be relevant.

Find the notices clause and check:

• Does it expressly allow notices and documents to be served by email?
• Does it identify the email address to be used?
• For joint tenants, does it deal clearly with service on each tenant?
• Does it impose any additional requirements, such as attaching the notice rather than sending a link?

If the agreement does not authorise email, follow an applicable permitted method identified in the official guidance, such as personal delivery, delivery to the property (get an independent witness) or the best way – first class post with proof of postage. Keep evidence of what was served, when it was served and how it was delivered. For Form 3A, the guidance suggests retaining the notice and recording service, for example on Form N215.

Make future agreements clear

For new agreements, consider including a carefully drafted electronic-service clause. For an existing tenancy, any amendment should be agreed with the tenant in writing; government guidance confirms that both landlord and tenant must agree changes to the tenancy terms.

A clause intended to permit email service should be professionally checked and should cover, at minimum:

• the email address for each tenant;
• which notices and documents may be served electronically;
• whether documents must be attached rather than linked;
• how a change of email address is notified and becomes effective;
• when an email is treated as served; and
• the tenant’s statutory freedom to use any other permitted method when giving their own notice.

Do not assume that naming Form 3A or Form 4A in the clause will cure every problem. The wording must work with the relevant legislation, official form and procedural rules in force when the notice is served. Have the clause checked by a solicitor or the professional supplier of your agreement.

Practical safeguard

Even where email is expressly permitted, possession proceedings can turn on evidence of service. Keep the sent email, the complete attachment and the date and time of sending. Consider using a second permitted method as well, provided it does not create uncertainty about the operative notice or service date.

This article is general information for landlords in England, not legal advice. Rules and prescribed forms can change, so check the current official guidance before serving any notice.

Peter Littlewood has worked with landlords for many years through iHowz Landlord Association and now delivers landlord and agent training through B-Informed, including on the Renters’ Rights Act, student lettings and HMO management.