Serving Notices

Quick Facts
  • When serving a notice it is important that it be served properly. An improperly served notice may not be accepted by Service NL.
  • Notices must state the section of the Residential Tenancies Act under which the notice is being given.
  • If you have been unsuccessful in serving your documents on the other person you can apply for permission to use another method of service.
What You Need to Know

When serving an official notice or other document on a landlord or a tenant it is important that it be served properly. An improperly served notice may not be accepted by Service NL.

All notices must be in writing and contain the name and address of the person you are giving notice to, it must also identify the rental unit the notice applies to and state the section of the Residential Tenancies Act under which the notice is being given.

 

A tenant can serve a notice or document other than an application under Section 42 on a landlord by:

(a) giving it personally to the landlord;

(b) giving it to a person 16 years of age or older who apparently lives with the landlord;

(c) posting it in a conspicuous place on the landlord’s premises;

(d) placing it in the landlord’s mailbox or under a door in the landlord’s premises;

(e) sending it to the landlord by prepaid registered mail or prepaid express post at an address

(i) where rent is payable,

(ii) provided under subsection 7(7) or (8), or

(iii) where the landlord carries on business;

(f) sending it electronically where

(i) it is provided in the same or substantially the same form as the written notice or document,

(ii) the landlord has provided an electronic address to receive documents, and

(iii) it is sent to that electronic address; or

(g) sending it to the landlord by courier service at an address set out in paragraph (e).

 

Where the landlord is a company, a notice may be served by giving it personally to a director, manager or other officer of that company or by leaving it at, or sending it to, the registered office of that company by a method set out in paragraph (e), (f) or (g) above.

 

A landlord can serve a notice or document other than an application under Section 42 on a tenant by:

(a) giving it personally to the tenant;

(b) giving it to a person 16 years of age or older who apparently lives with the tenant;

(c) posting it in a conspicuous place on the tenant’s residential premises;

(d) placing it in the tenant’s mailbox or under a door in the tenant’s residential premises;

(e) sending it to the tenant by prepaid registered mail or prepaid express post at an address

(i) provided by the tenant, or

(ii) where the tenant carries on business;

(f) sending it electronically where

(i) it is provided in the same or substantially the same form as the written notice or document,

(ii) the tenant has provided an electronic address for receipt of documents, and

(iii) it is sent to that electronic address; or

(g) sending it to the tenant by courier service at an address set out in paragraph (e).

 

A landlord or tenant can serve a copy of an application under Section 42 on the other party by:

(a) giving it personally to the other party;

(b) sending it to the other party by prepaid registered mail or prepaid express post at an address provided by the other party;

(c) sending it electronically where

(i) it is provided in the same or substantially the same form as the written notice or document,

(ii) the other party has provided an electronic address for receipt of documents, and

(iii) it is sent to that electronic address; or

(d) sending it to the other party by courier service at an address provided by the other party.

 

If a notice or document is sent by registered mail or express post, it shall be considered to have been served on the fifth day after mailing, and the service may be proved by providing evidence that the notice or document was prepaid and properly addressed and sent.

If a notice or document is sent electronically, it shall be considered to have been served on the day it is sent, if the document is sent by 4 p.m., or the next day that is not a weekend or holiday, if the document is sent after 4 p.m.

 

Substitute/Alternate Service

If you have made reasonable efforts to serve a notice on someone and haven’t been able to properly serve them, you can apply to the Director of Residential Tenancies at Service NL for permission to use some other method to serve your documents. In order for your application to be successful you will need to show that the method being proposed for serving your notice is likely to reach the intended recipient and that you have a history of communicating with the other person that way.

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Files / Documents
Application for Substituted Service (PDF)
Tenants and landlords can use this form to request permission from Service NL to serve notices on your landlord some way other than writing.
Download / View
Legislation

Requirements for notices

34. A notice under this Act shall

(a)  be in writing in the form prescribed by the minister;

(b)  contain the name and address of the recipient;

(c)  identify the residential premises for which the notice is given; and

(d)  state the section of this Act under which the notice is given.

 

Service of documents

35. (1) A notice or other document under this Act other than an application under section 42 shall be served by a tenant on a landlord by

(a)  giving it personally to the landlord;

(b)  giving it to a person 16 years of age or older who apparently lives with the landlord;

(c)  posting it in a conspicuous place on the landlord's premises;

(d)  placing it in the landlord's mailbox or under a door in the landlord's premises;

(e)  sending it to the landlord by prepaid registered mail or prepaid express post at an address

(i)  where rent is payable,

(ii)  provided under subsection 7(7) or (8), or

(iii)  where the landlord carries on business;

(f)  sending it electronically where

(i)  it is provided in the same or substantially the same form as the written notice or document,

(ii)  the landlord has provided an electronic address to receive documents, and

(iii)  it is sent to that electronic address; or

(g)  sending it to the landlord by courier service at an address set out in paragraph (e).

(2)  A notice or other document under this Act other than an application under section 42 shall be served by a landlord on a tenant by

(a)  giving it personally to the tenant;

(b)  giving it to a person 16 years of age or older who apparently lives with the tenant;

(c)  posting it in a conspicuous place on the tenant's residential premises;

(d)  placing it in the tenant's mailbox or under a door in the tenant's residential premises;

(e)  sending it to the tenant by prepaid registered mail or prepaid express post at an address

(i)  provided by the tenant, or

(ii)  where the tenant carries on business;

(f)  sending it electronically where

(i)  it is provided in the same or substantially the same form as the written notice or document,

(ii)  the tenant has provided an electronic address for receipt of documents, and

(iii)  it is sent to that electronic address; or

(g)  sending it to the tenant by courier service at an address set out in paragraph (e).

(3)  Where the landlord is a company, a notice under subsection (1) may be served by giving it personally to a director, manager or other officer of that company or by leaving it at, or sending it to the registered office of that company by a method set out in paragraph (1)(e), (f) or (g).

(4)  Notwithstanding subsections (1) and (2), a tenant or landlord may apply to the director and the director may issue an order authorizing another method of service where, after making reasonable efforts,

(a)  a tenant has been unable to serve a landlord under subsection (1); or

(b)  a landlord has been unable to serve a tenant under subsection (2).

(5)  For the purpose of this section, where a notice or document is sent by registered mail or express post, it shall be considered to have been served on the fifth day after mailing, and the service may be proved by providing evidence that the notice or document was prepaid and properly addressed and sent.

(6)  For the purpose of this section, where a notice or document is sent electronically, it shall be considered to have been served on the day it is sent, if the document is sent by 4 p.m., or the next day that is not a Saturday or holiday, if the document is sent after 4 p.m.

 

Application to director

42. (1) A landlord or tenant may, within one year after termination of the rental agreement, apply to the director to determine

(a)  a question arising under this Act or the regulations;

(b)  whether a provision of a rental agreement has been contravened; or

(c)  whether a provision of this Act or the regulations has been contravened.

(2)  An application under subsection (1) shall be submitted to the director in the form and with the fee set by the minister.

(3)  The applicant shall serve the application submitted to the director under subsection (2) by

(a)  giving it personally to the other party;

(b)  sending it to the other party by prepaid registered mail or prepaid express post at an address provided by the other party;          

(c)  sending it electronically where

(i)  it is provided in the same or substantially the same form as the written notice or document,

(ii)  the other party has provided an electronic address for receipt of documents, and

(iii)  it is sent to that electronic address; or

(d)  sending it to the other party by courier service at an address provided by the other party.

(4)  Where the other party is a company, a copy of the application may be served by giving it personally to a director, manager or other officer of that company or by leaving it at, or sending it to the registered office of that company by a method set out in paragraphs (3)(b) to (d).

(5)  Notwithstanding subsection (3), an applicant may apply to the director and the director may issue an order authorizing another method of service where, after making reasonable efforts, the applicant has been unable to serve the other party under subsection (3).

(6)  For the purpose of this section, where a copy of the application is sent by registered mail or express post, it shall be considered to have been served on the fifth day after mailing, and the service may be proved by providing evidence that the copy of the application was prepaid and properly addressed and sent.

(7)  For the purpose of this section, where a copy of the application is sent electronically, it shall be considered to have been served on the day it is sent, if the document is sent before 4 p.m., or the next day that is not a Saturday or holiday, if the copy of the application is sent after 4 p.m.

(8)  Where an application is submitted to the director under subsection (2), the director shall, where that application is not withdrawn by the applicant under section 44,

(a)  refuse to accept the application under section 43;

(b)  dismiss the application under section 43;

(c)  attempt to mediate a settlement of the matter in the application under section 45;

(d)  require a hearing of the application to be conducted in accordance with section 46; or

(e)  issue an order without a hearing under section 48.

(9)  Where the date, time or place of the hearing of the application under this section is changed, the director shall notify the landlord and tenant of the change by a method set out in subsection (3).

(10)  Notwithstanding subsection (9), where the matter involves more than 50 tenants who live in the same residential complex, the notice that the date, time or place of the hearing of the application under this section is changed may be placed in the mailbox of each tenant and posted in a conspicuous place in the residential premises.