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Property Managers can now serve notices by email 

28 July 2017

Agents, tenants and landlords can now serve notices by email following an announcement made by NSW Fair Trading on Wednesday 26 July.

This means that written notice for putting up the rent, notifying access for an inspection, or to terminate a tenancy agreement can be served by email. 

This change was made following a Government Bill which was recently passed that amended the Electronic Transactions Legislation Amendment (Government Transactions) Act 2017 to include email service of notices into several different regulatory and related Acts, including the Residential Tenancies Act.

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.

Effect on the Residential Tenancies Act

As a result of these changes to the Residential Tenancies Act, certain REINSW agreements and forms will be updated. We will inform you when this is completed.

Serving notice by email

NSW Fair Trading say a notice may be served by emailing it to the tenant or landlord at the address they have specified for receiving notices. For example, this could be the managing agent if they are acting on behalf of the landlord.

It can also be emailed if the tenant or landlord is a corporation.

How many days’ notice is required?

Please note that different notice periods apply to different circumstances. Information regarding the relevant notice periods for particular circumstances can be accessed via NSW Fair Trading.

For illustrative purposes, should a 21 day termination notice be served by the tenant either by hand or email, NSW Fair Trading explains that the days for the notice period are counted commencing from the day immediately following the day on which the notice is served. For example, if the tenant emailed the notice on 1 February, the 21 days of notice commence from 2 February meaning the 21st day is 22 February.

Days in the notice period are counted as calendar days, not working days and all days of the week are counted, including weekends and public holidays. However, the day on which the notice is served is not counted.

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