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The Residential Property Tribunal Procedures and Fees (Wales) Regulations 2012

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Requirements for supply of notices and documents

40.—(1) Any document or notice required or authorised by these Regulations to be supplied to any person, body or authority is deemed to have been duly supplied to that person, body or authority—

(a)if it is sent to the proper address of that person, body or authority by first class post or by special delivery or recorded delivery;

(b)if it is delivered by any other means to the proper address of that person, body or authority;

(c)if with the written consent of the person, body or authority, it is sent to that person, body or authority—

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

(ii)by a private document delivery service.

(2) The 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, body or authority, the usual or last known address of that person, body or authority.

(3) 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.

(4) Where paragraph (3) 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.

(5) Where it is required under the 2004 Act, the 1985 Act, the 1983 Act or these Regulations that a party must provide evidence that the party has supplied any person with a document, a party may satisfy the requirement by providing a certificate signed by the party confirming that the document was served in accordance with the requirements of this regulation.

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