Can I use Whatsapp to send legal documents or not?

Yes, ask for read receipt.

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https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

What does your tenancy agreement state about service of documents?

As per Judith’s comment, you have to abide by what the tenancy agreement says about service.

Personally i would use a tracing agent to get their postal address and serve them 1st class (or however the tenancy agreement dictates) rather than using WhatsApp.

What legal documents? Some tenancy prescribed documents can be served by post or email only.

I used UK Tracing, I hope you have sufficient detail on them, date of birth etc. I found 2 but not the third except it was a Joint AST so they all turned up for the last hearing. But for a letter before action I would say go ahead as its a warning – suspect they will ignore so you will then need to move to MCOL. I can tell you the Court is backed up big time and they just hiked their prices I am 18 months in and still waiting for final hearing. Apparently I think you can use their last known address which is yours and get a CCJ on them as a default tactic.

Traditionally, legal documents are served by hand, by post, or by another method that ensures delivery to the recipient’s physical address. This is because service must be done in a manner that ensures the recipient receives the document and can respond accordingly. In some cases, courts have accepted service of documents via electronic means, including email and WhatsApp, particularly if there is evidence that the recipient regularly uses these platforms and has acknowledged receipt. A Letter Before Action is typically the final warning before legal proceedings are initiated. Its purpose is to give the other party a chance to resolve the dispute without going to court. The method of service should therefore be such that the recipient cannot easily deny receiving it. Email is increasingly accepted for sending LBAs, especially if there is evidence that the recipient regularly uses the email address and has previously communicated with you via email. It is advisable to request a read receipt or ask for confirmation of receipt to strengthen your position. Courts have occasionally accepted service via WhatsApp, especially if the sender can prove that the message was delivered and read (e.g., through the “blue tick” feature). However, this is less common than email and might be more contentious if the matter goes to court. The CPR governs how legal proceedings are conducted in England and Wales. The rules do allow for service by electronic means if agreed upon by the parties or if the court permits it. However, if you have not agreed with the ex-tenants on electronic service, you would need to demonstrate that the service method is appropriate. Ultimately, whether service by WhatsApp or email is accepted will depend on the court’s discretion. The court will consider whether the service method was likely to bring the document to the recipient’s attention and whether it was reasonable to use that method. If possible, obtain the ex-tenants’ consent to receive legal documents via email or WhatsApp. This can be done informally but should be documented. If you choose to serve the LBA via email or WhatsApp, ensure that you document the process. For email, save copies of the sent email, delivery receipt, and read receipt. For WhatsApp, take screenshots showing that the message was delivered and read. To strengthen your case, consider sending the LBA by email, WhatsApp, and traditional post (even if you don’t have the new address, you could send it to the last known address). This shows you made reasonable efforts to ensure the document was received.

We are a law firm in Guildford, specialising in landlord and tenant issues.

Reply to the comment left by Lina Borzenkova at 08/08/2024 – 10:10
Raises an interesting point about including electronic means in the tenancy agreements where traditional post becomes inadequate. I note that a significant amount of law firms now have a service@email now as well