The Residential Property Tribunal Procedure (England) Regulations 2006

Requirements for supply of notices and documents

37.—(1) Any document or notice required or authorised by these Regulations to be supplied to any person, whether by the tribunal, a party, or any other person, shall be duly supplied to that person—

(a) if it is sent to his proper address by first class post or by special delivery, or by recorded delivery;

(b) if it is delivered by any other means to his proper address;

(c) subject to paragraph (2), if with his written consent it is sent to him—

(i) by fax, email or other electronic communication which produces a text received in legible form;

(ii) by a private document delivery service.

(2) For the purposes of paragraph (1)(c) a person’s legal representative shall be deemed to have given written consent if the reference or address for the means of fax or electronic communication or private document delivery system is shown on the legal representative’s notepaper.

(3) A person’s proper address for the purposes of paragraph (1) is—

(a) in the case of the tribunal, the address of the office of the tribunal;

(b) in the case of an incorporated company or other body registered in the United Kingdom, the address of the registered or principal office of the company or body;

(c) in the case of any other person the usual or last known address of that person.

(4) This paragraph applies where—

(a) an intended recipient of a document or notice—

(i) cannot be found after all diligent enquiries have been made;

(ii) has died and has no personal representative; or

(iii) is out of the United Kingdom; or

(b) for any other reason a notice or other document cannot readily be supplied in accordance with these Regulations.

(5) Where paragraph (4) applies, the tribunal may—

(a) dispense with supplying the notice or other document; or

(b) give directions for substituted service in such other form (whether by advertisement in a newspaper or otherwise) or manner as the tribunal thinks fit.

(6) Where it is required under the Act or these Regulations that a party must provide evidence that he has supplied any person with a document, a party may satisfy the requirement by providing a signed certificate confirming that the document was served in accordance with the requirements of this regulation.