Eviction Issues - landlords solicitor calling me a liar!

[Lady.fenella]

Hi everyone,

I’m looking for some advice regarding a situation with my landlord’s solicitors.

I have asked them multiple times to provide copies of the required documents (EPC, How to Rent guide, etc.), as I do not have them. They have responded stating that the documents are “deemed served” under the Civil Procedure Rules and that there is no requirement for them to prove I received them.

They have also stated that they are “confident” I received the EPC because I previously referred to it being invalid — however, I have never actually been provided with a copy of the document itself.

In addition, they have claimed that documents were sent to me via signed-for delivery, but the signature they have provided is not mine and I did not receive those documents. I am currently trying to raise this with Royal Mail.

I am also in a very difficult position personally. I suffer from anxiety and depression and I am currently unable to secure alternative accommodation. I need these documents in order to approach the council for assistance, but I feel I am being prevented from accessing them.

I feel the solicitor’s response is dismissive and unfair, and it comes across as though I am being accused of being untruthful, which is quite distressing. I am simply trying to obtain the documents I believe I am entitled to.

I have also tried to contact my landlord directly, but he has not responded to any of my emails. After living in the property for 14 years, paying my rent on time every single month, and with very little maintenance carried out during that time, I feel I have been extremely mistreated.

My questions are:
- Is it lawful for them to rely on “deemed service” without proving actual receipt of these documents?
- Are they required to provide copies again if I state I do not have them?
- Does the issue with the signed-for delivery (where the signature is not mine) affect their position?
- Can I make a formal complaint about the way this has been handled, and if so, should this be directed to the solicitor’s firm or a regulatory body?
- Am I able to attend the solicitor’s office in person, or is there another step I should take next?

For context, I am trying to resolve this properly and ensure everything is handled correctly, but I feel I am being blocked from accessing important information at a time when I urgently need support.

Can anyone help me understand what I can do next or how best to resolve this situation? Any advice would be greatly appreciated.

Thank you

[PallasAthena]

It is correct that if documents required to be served by post are posted by Royal Mail they are deemed to have been received by you unless you can prove otherwise, which is not easy to do. See section 7 of the Interpretation Act 1978. The Act does not require the solicitor to prove that you received them, only that they posted them.

Have you asked them to email you a copy?

Or whether they will give you another copy if you go to their office to collect it?

Given the widespread criticism of Royal Mail's performance and reliability nowadays I think it would be reasonable for the solicitor to provide another copy by email or personal collection. Whether strictly they are required to is a different question, the answer to which I do not know.

I do not interpret their response to you as saying that you are a liar.

As regards signatures, Royal Mail are not required to get the signature of the person the letter is addressed to, only the signature of somebody at the address who accepts the letter from the postie. I don't know if this is relevant to your circumstances. Royal Mail's legal obligation is to deliver to the address not the named person.