Dates check please prior to sending in the N5B form for possession

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    #16
    Originally posted by Dirty Stop Out View Post
    On the tenancy agreement there is a part on it regarding bringing a tenancy to an end that says....
    Section Five: Other Provisions

    1. The landlord can bring the tenancy to an end if the rent or any part of the rent is in arrears for 21 days, whether formally demanded or not.
    1. The landlord can bring the tenancy to an end if any of the agreed terms and conditions have been broken, and the landlord gives 21 days written notice that he/she intends to bring the tenancy to an end.
    2. For the purposes of Sections 47 & 48 of the Landlord and Tenants Act 1987, the address of the landlord at which notices (including notices in proceedings) may be served upon him by the tenants is the address of the landlord as stipulated in Section 1 of this agreement.
    3. The provisions as to services of notices in section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Services Act 1962 shall apply.
    That looks like terms that allows for possession proceedings should the tenancy cease being an assured tenancy.



    Originally posted by KTC View Post

    Ugh, registered post/recorded AND not returned undelivered.

    1st class sign for tomorrow, not returned undelivered, 28th March would be fine.
    The clause does not say notices shall only be served in accordance with the Law of Property Act.
    Doesn't that make it a permissive clause rather than a restrictive clause (and hence alow other methods of service)?

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      #17
      Originally posted by MdeB View Post
      The clause does not say notices shall only be served in accordance with the Law of Property Act.
      Doesn't that make it a permissive clause rather than a restrictive clause (and hence alow other methods of service)?
      Possibly, but if the landlord do follow s196 then they can't go wrong, whereas using a method not covered could provide a tenant with arguments in court about notice not been served.
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

      I do not answer questions through private messages which should be posted publicly on the forum.

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        #18
        Expiry date should be expressed as 'After <date>' Allow 2 postal working days if posting First Class AND get a free Cert of Posting from the PO counter. DO NOT count Sat & Sun or any public holidays.
        It can be served at any time during the month, provided it allows min 2 clear months for Service.

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          #19
          Thanks for your help guys, hopefully I've got it right this time

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