LandlordBC has long advocated that landlords and tenants should be allowed to use email as a method of service. It has been a topic we have raised repeatedly and echoed again to the 2018 Rental Housing Task Force who included it in their list of recommendations. In the first few months of the COVID-19 pandemic in BC we saw it successfully implemented as a measure to reduce in person contact. The Residential Tenancy Branch (RTB) working closely with LandlordBC has now made this a reality through a change to the Residential Tenancy Regulations.
Starting March 1, 2021 email may, under specific circumstances, be used as a method of service by landlords and tenants when serving documents. For email to be considered valid as a method of service the email address must be provided specifically for the purpose of serving documents.
You can read the Media Release here.
More information will be made available in the coming weeks, but we have compiled an initial guide to help understand this welcome change.
How to Collect Email Addresses as a Method of Service
Landlords and tenants should document that both parties have provided an email address and that it can be used as a method of service. It is important to note that even if a landlord has received a tenant’s email in the past there still needs to be documentation that it may be used as a method of service. It is likely that the Residential Tenancy Branch will create a form to document this agreement. Both landlords and tenants can withhold consent to using email as a method service.
When an Email is Considered Received
If a document is served to an email address provided for service, it is considered received 3 days after it is sent unless there is proof it was received earlier. There needs to be evidence to consider an email received earlier than 3 days after the email is sent. This may include a reply from the recipient or a read receipt. Our advice is to always assume it will be received on the 3rd day after it was sent.
Documents That May be Served by Email
If an email address is provided as a method of service, it may be used to serve any document required under the Residential Tenancy Act. This includes documents that have spear rules for service such as a Notice of Dispute Resolution.
Proving a Document was Served Via Email
There are many ways to prove that a document was served via email including:
- the sent item, including the email address the item was sent to;
- a confirmation of delivery receipt;
- a response to the email by the party served;
- a read receipt confirming the email was opened.
Changing or Revoking an Email Address
It is the responsibility of the owner of an email address to inform the other party of a change to the address. Additionally, both landlords and tenants may, with notice, inform the other that they are no longer willing to receive email as a method of service.
Source: Landlord BC
https://mailchi.mp/landlordbc/rtb-announcement-email-as-a-method-of-service?e=f5d210bb18