139.This section modifies section 40 of the 2001 Act to provide that a notice or document authorised or required by Chapter 1 (Scottish secure tenancies) of Part 2 of the 2001 Act may be given to a person by sending it to that person’s proper address by means of a postal service which provides for the delivery of the notice or other document to be recorded. It also inserts new subsection (1A) which provides that the delivery of any such notice or document may be recorded in a way that evidences that the notice or document was delivered to the person’s proper address, including in a way that evidences this without the need for the person to confirm the delivery.
140.This section also inserts new subsections (3) and (4) into section 40 of the 2001 Act so that notice of an increase in rent or other charges under section 25(1) of the 2001 Act may also be given by sending it to the tenant using electronic communications including, for example, by email. But this is only allowed if the landlord and the tenant agree in writing beforehand that the tenant may be given the notice in this way and in an electronic form specified by tenant for the purpose.
Crown Application Delivery of notices etc. Section 50 - Social landlords: delivery of notices etc.