Read the Notice of Breach of Covenants to make sure it meets your needs. Check that all details (ie the landlord’s, tenant’s and property’s details) are correct. Remember that if you have any questions you can easily Ask a lawyer.
Notice of Breach of Covenants checklist
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The Notice of Breach of Covenants must be signed by the landlord, the landlords (if there are multiple landlords) or the landlord’s agent. This can be done by:
Signing online
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You can sign online using RocketSign.
Signing in print
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Print out a copy of the Notice of Breach of Covenants.
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The landlord(s) or their agent must sign their name and date the Notice of Breach of Covenants where indicated.
Send the Notice of Breach of Covenants to all relevant parties.
If the Notice of Breach of Covenants was signed by the landlord(s), make a copy for each landlord. Send the original copy of the Notice to the tenant(s).
If signed by an agent, make a copy of the original Notice of Breach of Covenants for each landlord and the agent. Send the original copy of the Notice to the tenant(s).
You must get proof that the Notice has been served (ie delivered). The Notice of Breach of Covenants is only served when the tenant is presumed (ie ‘deemed’) to have received it. This means that you should always allow extra time for delivery. If you served your Notice by:
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post: allow at least 3 working days for delivery when you use Royal Mail. Use a recorded delivery service as this allows your Notice to be tracked. Ask for proof of postage and keep it in a safe place.
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hand: posting the Notice into the postbox of the property yourself gives you the security of knowing when the Notice of Breach of Covenants gets to the tenant and removes uncertainty about the method of posting. When hand-delivering your Notice, consider taking someone with you to witness this. Your witness must not be related to the person serving the Notice, must have mental capacity and must not be under the age of 18. After posting the Notice in the postbox at the rented property:
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record the time and date of posting the Notice in the postbox in a note
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sign and date the note, and
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ask the witness to sign and add their name, address, occupation and the date directly underneath your signature.
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The landlord(s) and, if relevant, their agent should safely store away:
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their copy of the signed Notice of Breach of Covenants
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the proof of postage, if they sent the Notice by post
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the witnessed note of delivery, if they hand-delivered the Notice
