Updated 22 July 2026
Short Answer – If you’re sending letters, you need to be able to prove that you posted them. Putting them in the post box doesn’t prove that you’ve done it. Get certificates or receipts from the post office. Used tracked or recorded or signed for delivery. Get an acknowledgement from a human that they’re received the letter you sent. Check if you’ve already agreed how you’re meant to send the letter and who you’re sending it to – i.e. CPR rules, a contract or lease may already say how you’re supposed to serve letters. If you don’t follow those rules service (posting) may be invalid.
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Posting your mail – How to Serve Legal Notices Correctly in England & Wales (A Simple Guide for Landlords, Tenants and Businesses – 2025 Update)
Serving a legal notice (such as a section 25 notice, break notice, or notice to quit) sounds simple — just post a letter, right? Wrong. Get it wrong and your notice is invalid, even if the other side actually received it. Courts are very strict. This plain-English guide explains the safest ways to serve notices and the common traps.
1. The Golden Rule:
Follow the Contract First – Most leases and contracts have a “Notices” clause that says exactly how notices must be sent (e.g. “by recorded delivery to the registered office” or “by email to notices@company.com”).
You MUST use the method written in the document. If you send it another way, the notice is usually invalid — even if the recipient got it!
2. If the Other Side Has Solicitors who are authorised to receive the notice
If solicitors are acting and have confirmed they accept service (common in court cases), you MUST serve the solicitors, not the client directly. Serving the client instead is fatal.
3. The Safest Way to Post Notices (The “Belt-and-Braces” Method)
Commercial property lawyers now almost always do this: Send the SAME notice twice on the same day: Royal Mail Special Delivery Guaranteed by 1pm (or 9am) Royal Mail Signed For 1st Class. You get two tracking numbers and two signed proof-of-delivery records. Even if one is refused or goes missing, the other almost always gets through.
Special Delivery also counts as “recorded delivery” for old laws like the Law of Property Act 1925 s.196 and Landlord & Tenant Act 1954.
4. First Class vs Second Class vs Tracked
First Class or Special Delivery → deemed served 2 business days later (CPR rules).
Second Class → no fixed “deemed” date — risky for deadlines.
Tracked/Signed For → gives proof and peace of mind.
5. The Notice Must Be Dated — and Dated Correctly
Always put the real date you sign and send it.
An undated notice is not automatically invalid, but the court may throw it out because no one can work out when time limits start (Mannai v Eagle Star – relates to an incorrect date on a notice).
Never back-date or forward-date on purpose — that can make the notice fraudulent.
6. If the Letter Comes Back “Returned to Sender” (Law of Property Act 1925 s.196),
If a correctly addressed recorded/special delivery letter is returned undelivered, service fails (Lamba v Lambeth LBC [2025]). However if you send a recorded delivery letter it is deemed served on the day it was sent not the day it was received! Beanby Estates Ltd v Egg Stores (Stamford Hill) Ltd [2003] EWHC 1252 (Ch)
Quick Checklist Before You Post – Is there a Notices clause in the lease/contract? Follow it exactly.
□ Are solicitors authorised to accept service? Serve them.
□ Date the notice today’s date.
□ Send by BOTH Special Delivery AND Signed For 1st Class. Certificates are service are also excellent evidence which will persuade a judge the letter was actually sent.
□ Keep screenshots of tracking + signed receipts.
□ File a Certificate of Service (Form N215) if it’s court papers. Do all of the above and you will build a great safety margin for later on – it will be very difficult for your opponent to argue that the notice was not sent or it was sent improperly. It costs under £20 and saves thousands in legal fights later.
INFORMATION AND FURTHER READING
Lamba v Lambeth LBC [2025] 11 WLUK 608
Law of Property Act 1925 s.196 deems service as effective except where the letter is returned
Landlord and Tenant Act 1954 s.66
Beanby Estates Ltd v Egg Stores (Stamford Hill) Ltd [2003] EWHC 1252 (Ch)
Civil Procedure Rules Part 6
CONTACT US for questions about how to serve notice and letters!