Section 136 — Residential Tenancies Act 1986: Service of documents

136 Service of documents (1) Where any notice or other document is required or authorised by this Act to be given to or served on a landlord or a tenant, it shall be sufficient if it is given or served in any of the following ways: (a) It may be given to or served on the landlord or the tenant personally: (b) It may be sent by post addressed to the landlord or the tenant at the address for service given by the landlord or the tenant in accordance with this Act: (c) It may be delivered to the premises to which that address for service relates, and either placed in the mailbox or attached to the door in a prominent position: (d) It is transmitted to a facsimile number specified in the tenancy agreement, or otherwise stated in writing by the landlord or the tenant, as a facsimile number by which the landlord or the tenant will accept service of documents relating to the tenancy. (2) Without limiting the provisions of subsection (1) of this section, any notice or other document required or authorised by this Act to be given to or served upon any tenant may be served on a tenant: (a) At the premises to which the tenancy agreement relates, if the tenant resides at those premises, as follows: (i) By posting it addressed to the tenant at those premises; or (ii) By delivering it to those premises and either placing it in the mailbox or attaching it to the door of those premises in a prominent position; or (iii) By giving it to any person appearing to have attained the age of 16 years and to be residing at those premises; or (b) At any other place of residence of the tenant, by giving it to any person appearing to have attained the age of 16 years and to be residing at those premises and who confirms that the tenant resides at the premises; or (c) At the tenant's address for service, by giving it to any person appearing to have attained the age of 16 years and to be residing at those premises; or (d) By giving it to the person who ordinarily pays the rent under the tenancy agreement; or (e) By giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive the same. (3) Without limiting the provisions of subsection (1) of this section, any notice or other document required or authorised by this Act to be given to or served upon any landlord shall be deemed to have been duly given or served if it is given— (a) To any person appearing to have attained the age of 16 years and to be residing at the place of residence of the landlord; or (b) To the person (not being a bank or similar institution) who ordinarily receives the rent payable under the agreement; or (c) To any solicitor or other agent of the landlord duly authorised by the landlord to receive the same. (4) Where 2 or more persons are landlords or tenants under a residential tenancy agreement, it shall be sufficient compliance with a provision of this Act requiring or authorising a notice or other document to be given to or served upon the landlord or the tenant if the notice or other document is given or served, in accordance with this Act, to or upon any one of the landlords or any one of the tenants. (5) A witness summons may be served on the witness— (a) Personally; or (b) By sending it by post addressed to the witness at the witness's last-known place of residence or business. (6) Where any document is sent by post in accordance with any of the foregoing provisions of this section, it shall be deemed, in the absence of evidence to the contrary, to have been given or served on the 4th working day after the date on which it was posted; and, in proving service, it shall be sufficient to prove that the letter was properly addressed and posted. (7) Where any document is delivered to any address in accordance with any of the foregoing provisions of this section, it shall be deemed, in the absence of evidence to the contrary, to have been given or served on the 2nd working day after the date on which it was delivered; and, in proving service, it shall be sufficient to prove that the letter was properly addressed and delivered. (8) Where any document is transmitted by facsimile in accordance with this section after 5pm on any day, it shall be deemed, in the absence of evidence to the contrary, to have been given or served on the next working day after the date on which it was transmitted; and, in proving service, it shall be sufficient to prove that the document was properly transmitted by facsimile machine to the person concerned. Compare: Residential Tenancies Act, 1978-1981 (South Australia),

s 93 Subsection (1)(b) was amended, as from 1 May 1996, by section 50(1) Residential Tenancies Amendment Act 1996 (1996 No 7) by omitting the words “ section 15 or section .16 of ” . Subsection (1)(d) was inserted, as from 1 May 1996, by section 50(2) Residential Tenancies Amendment Act 1996 (1996 No 7). Subsection (2) was substituted, as from 1 May 1996, by section 50(3) Residential Tenancies Amendment Act 1996 (1996 No 7). Subsection (3) was amended, as from 1 May 1996, by section 50(4) Residential Tenancies Amendment Act 1996 (1996 No 7) by omitting the words “ under a tenancy agreement ” . Subsection (4) was amended, as from 1 May 1996, by section 50(5) Residential Tenancies Amendment Act 1996 (1996 No 7) by omitting the words “ under a tenancy agreement ” . Subsection (7) was amended, as from 1 May 1996, by section 50(6) Residential Tenancies Amendment Act 1996 (1996 No 7) by omitting the words “ for service ” . Subsection (8) was inserted, as from 1 May 1996, by section 50(7) Residential Tenancies Amendment Act 1996 (1996 No 7).