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REINSW has added its email consent form to the Residential Tenancy Agreement (RTA) to assist in protecting members.

This is following one REINSW Member having a case rejected at the NSW Civil and Administrative Court (NCAT) because they didn’t have the correct written authority to send emails as a method of serving notices. This appears to have been a frequent occurrence at NCAT.

The REINSW Member said a Tribunal member told them 'unless there is consent in writing from the tenant they have been instructed to not acknowledge the termination notices sent via email because they have not been validly served'.

As a result REINSW has added its ‘Email Service of Notices and Documents Consent Form’ to the Residential Tenancy Agreement on REI Forms Live. For a short period it will also be added to any paper orders of the RTA from the REINSW Store .

REINSW created the form to give guidance on the e-service of documents because, in the absence of signed consent, email service cannot be used. 

The NSW Government announced that agents, tenants and landlords could serve notices by email in July 2017. However, tenants are required to ‘opt in’ to this method, creating the need for consent.

The change allowed written notice for putting up the rent, notifying access for an inspection, or to terminate a tenancy agreement to be served by email. However, agents are not allowed to serve notice by fax any more.

Advice on how to serve documents by email

Notices and other documents may be served electronically by email, but only if the tenant provides an email address in writing for the purpose of serving particular notices or documents. 

For more information on this important change please visit NSW Fair Trading’s website here .