Notice not allowed by fax
You are not allowed to serve notice by fax any more: all other requirements for serving notice remain the same, including the amount of notice required.
Email Consent Form
REINSW has prepared an Email Service Consent Form which you can download here.
In the absence of a written consent form to email service, regarding specified notices or documents, email service cannot be used.
Advice on how to serve documents by email
Notices and other documents may be served electronically by email if the tenant provides an email address in writing for the purpose of serving particular notices or documents.
Prior to sending any notice or document via email, you should ensure:
For tenants
The tenancy agreement allows in writing for consent to service notices and documents by a specified email address.
REINSW recommends you use a statement such as “by confirming your email address and/or accepting this request, you consent to service any notice or documents required to be given or served in respect of the residential tenancy agreement you are party to, including but not limited to termination notices, notice of intention to sell the premises, notice of access/inspection/entry and notice of a rent increase, by way of email”.
This should ideally be positioned near the email address details.
Managing a letting, sale or purchase
In the case of managing a letting, sale or purchase, your management agency agreement for the letting, sales, or purchase of a property, should allow in writing for consent to serve notices and documents from a specified email address.
REINSW recommends you use a statement such as “by confirming your email address and/or accepting this request, you consent to service of any notice or document required to be given or served in respect of the management agency agreement by way of email”.
In the absence of such express written authorisation
REINSW recommend you write to your principal, tenant or client seeking consent to service of documents and notices by email.
You could achieve this by either emailing or writing to them another written form. We recommend that in requesting consent you use the statement “by confirming your email address and/or accepting this request, you consent to service of any documents required to be given or served in respect of the tenancy/management agency agreement of which you are a party to”.
For more information on this important change please visit NSW Fair Trading’s website here.