AST Query for Evicitions/ Service of Notice

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    AST Query for Evicitions/ Service of Notice

    Do i need to state the way i will serve notice on a tenant in an AST?
    I'm trying to evict a tenant
    I served an s21 notice
    I serve them via 2nd class post, from two different post offices
    But the judge has written to me, requesting a hearing
    Stating it doesn't mention in the contract that i will be serving a notice via 2nd class post
    Has anyone come across this issue on court hearing before?

    #2
    That might influence the allowed number of days assumed for service. But I believe (bizarrely) 2nd class post is not mentioned in the CPR (but it does not specifically mention a variety of other delivery services or process server by name either).

    Has tenant denied receiving the notice?

    If it were posted in plenty of time (e.g. 5 days before because Royal mail say 3 days for 2nd class), twice, with certificates of postage I would find it worrying if it were deemed not served..

    Does the contract specifically mention a mode of service (i.e. service of notices WILL be by first class post)?

    Comment


      #3
      What does the tenancy state about how notice may be served? Sorry, can't read it from here...

      Suggest you also check it with this to see if anything else is wrong.
      https://markprichard.co.uk/content/d...ecker-tool.pdf

      Judges have wide powers: There will be a hearing: Turn up, calm & polte, 3 copies of all paperwork.

      Is this thread related to any other posts of yours please Anthony??

      Ever done any training as a landlord?
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        I suspect it's because 2nd class post is rarely used for anything important and it looks suspect.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment

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