Landlords should be aware of a growing risk associated with the service of statutory notices by email. Recent commentary from solicitor David Smith highlights that Local Authorities may serve notices, such as civil penalty notices, by email, and these notices are legally valid even if the landlord does not see them.

The implications of email service of notices

This development means that landlords who fail to spot emailed notices could miss critical deadlines for challenging or appealing decisions. The law treats the service as effective once the email is sent, regardless of whether the recipient actually reads it. Consequently, landlords may inadvertently lose their right to respond or appeal if they overlook these communications.

Protecting yourself from missed notices

To safeguard their position, landlords should actively monitor their email accounts and take steps to ensure important messages from Local Authorities are not missed. Recommended actions include whitelisting official Local Authority email addresses to prevent notices from being diverted to spam folders and regularly checking spam or junk mail folders. Where possible, landlords might consider requesting that Local Authorities avoid email communication altogether, opting instead for more reliable methods of service.

This last measure may be the safest, as emails sometimes fail to reach even the spam folder due to technical issues such as email authentication errors like DKIM failures. While it is hoped that Local Authorities have correctly configured their email systems, these technical glitches remain a risk.

Risks of fraudulent notices

Beyond the risk of missing genuine notices, landlords should also be vigilant against fraudulent emails purporting to be from Local Authorities. Such scams may attempt to trick landlords into making payments or disclosing sensitive personal information, which could then be exploited for identity theft.

The issue could become more pronounced with the introduction of the forthcoming landlords database, expected to come into force before 2029. This database will publish landlords’ contact details, including email addresses, potentially exposing them to increased spam and fraud attempts. It is therefore crucial that landlords’ contact information is securely protected.

How to identify fraudulent emails

Landlords can spot fraudulent emails by carefully checking the sender’s address; official Local Authority emails will not come from generic or suspicious domains such as random Gmail addresses. They should be wary of any requests for payments or bank details and note any poor spelling, unusual wording, or inconsistencies in the email’s layout compared to previous legitimate correspondence.

It is also important to avoid clicking on links or opening attachments from unverified or suspicious sources, as these could compromise computer security.

What this means for landlords

The shift towards email service of statutory notices introduces new challenges for landlords in managing their legal obligations. Vigilance in monitoring email communications is essential to avoid missing important notices and losing rights to appeal or respond. At the same time, landlords must be alert to the growing threat of email fraud, which could have serious financial and personal consequences.

Ultimately, landlords should consider their communication preferences with Local Authorities carefully and take proactive steps to secure their contact details and email accounts. Ensuring robust email management and security practices will be critical in navigating this evolving landscape.

Source: Based on reporting from The Landlord Law Blog

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