(1)The Housing (Scotland) Act 2001 is modified as follows.
(2)In section 40 (notices)—
(a)in subsection (1)(c), for the words from “by recorded” to the end of the paragraph substitute “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.”,
(b)after subsection (1) insert—
“(1A)For the purpose of subsection (1)(c), the delivery of a notice or other document may be recorded in any way that evidences that it 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).”,
(c)after subsection (2) insert—
“(3)A notice to be given by a landlord to a tenant under section 25(1) may also be given by sending it, where subsection (4) applies, to the tenant using electronic communications.
(4)This subsection applies where, before the notice is given, the landlord and the tenant agree in writing that the notice may be given to the tenant by transmitting it to an electronic address and in an electronic form specified by the tenant for the purpose.”.