Q&As

Can a section 5A Notice under the Landlord and Tenant Act 1987 (LTA 1987) be signed by the landlord's agent using an electronic signature, where all other formal requirements under LTA 1987, ss 5 and 5A are satisfied?

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Produced in partnership with Kate Andrews of Hamlins
Published on LexisPSL on 28/06/2019

The following Property Disputes Q&A produced in partnership with Kate Andrews of Hamlins provides comprehensive and up to date legal information covering:

  • Can a section 5A Notice under the Landlord and Tenant Act 1987 (LTA 1987) be signed by the landlord's agent using an electronic signature, where all other formal requirements under LTA 1987, ss 5 and 5A are satisfied?

Can a section 5A Notice under the Landlord and Tenant Act 1987 (LTA 1987) be signed by the landlord's agent using an electronic signature, where all other formal requirements under LTA 1987, ss 5 and 5A are satisfied?

Section 5 notices need to be served in circumstances where a landlord of a building (which qualifies under the Landlord and Tenant Act 1987 (LTA 1987)) wishes to make a relevant disposal under LTA 1987. See Practice Note: Landlord and Tenant Act 1987—tenants' right of first refusal.

There is no prescribed form for a section 5 notice. However, under LTA 1987, s 54(1)(a), the notice must be in writing. There is no requirement for it to be signed. This can be contrasted with notices under the Leasehold Reform Housing and Urban Development Act 1993 (LRHUDA 1993), which require a signature under LRHUDA 1993, s 99(5). A county court decision (see Calthorpe Road Freehold v Wahedally CLCC [2016] EGLR 55 (not reported by LexisNexis®)) found that a hardcopy notice with a wet ink signature is required under LRHUDA 1993. Although that was a decision which related specifically to LRHUDA 1993, in practice solicitors serving statutory notices usually sign them in ink.

There is no binding judicial authority requiring

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