Strengthening leaseholder protections over fees, charges and services: consultation

3.6 Providing information and services digitally

293. Most leases require that information is provided to leaseholders on paper by post. Increased digitalisation offers significant efficiencies, and can potentially save considerable time and cost for both landlords and leaseholders alike (for example the cost of printing and posting hard copies of documents). For this reason, we are keen that more documents should be provided by electronic means if possible, and our proposals for implementing the 2024 Act seek to increase flexibility where possible. We note, however, that electronic service is not necessarily appropriate in all circumstances and there are those leaseholders who need or prefer hard copy documents. There must, therefore, be a careful balance when considering an effective method of service.

294. Our preferred approach is to retain existing lease obligations as the default position. This will often require correspondence by first class post. However, we recognise that many leaseholders may well be content to accept demands (and other documents) in an electronic format. We would therefore, welcome views on what further steps we can take to facilitate greater digitalisation of services, the potential savings it can offer and what safeguards could be put in place to avoid disputes, for example that documents were never received. One option is that leaseholders should have the right to request communication by electronic means and formally ask the landlord to do so by way of a formal notice asking for communication by electronic means. In the event that a leaseholder serves notice, the landlord must then serve that leaseholder electronically, until otherwise notified by the leaseholder.

295. We could also seek to give landlords the option to approach leaseholders to ask if they would prefer or be willing to receive correspondence and documents by email instead of by post.