S21 Question

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    S21 Question

    This is an interesting one. A fellow Landlord has served a S21 to a Tenant but they are refusing to acknowledge receipt by email or go to the Post Office to collect the relevant registered letter. Is the S21 still enforceable from the date it was originally sent or does the clock restart again when a S21 is delivered by hand? Any answers would be appreciated.

    #2
    What does the relevant tenancy agreement say about how notices in relation to the tenancy may be 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.

    Comment


      #3
      Originally posted by KTC View Post
      What does the relevant tenancy agreement say about how notices in relation to the tenancy may be served?
      Let us hope it doesn't say, by registered post.
      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


        #4
        I'm not party to the Tenancy Agreement but I suspect it is an off the shelf variety as the Landlord arranged the tenancy himself rather than through a third party, e.g. Letting Agent.

        Comment


          #5
          No one can answer your question if you are unable to answer mine earlier, since the correct answer to your question depends on the answer to mine.
          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.

          Comment


            #6
            Most tenancy agreements do not specify signed for mail for this very reason. This notice would only be deemed served if the tenant had previously agreed in writing to receive notices by email. Tell your fellow landlord that if the contract says that post is an option, ordinary first class with a free certificate of postage is usually sufficient.

            Comment


              #7
              To bring this thread up to date, the Landlord had to serve the Notice again but by hand. The clock started afresh from the date the new Notice was served.

              Comment


                #8
                Better get him to check new s21 against
                https://nearlylegal.co.uk/2019/09/up...-21-flowchart/
                &
                https://england.shelter.org.uk/housi...otice_is_valid

                HOW can he proved s21 served? (Witness, signed receipt by tenant).

                Even if s21 is valid (many are not..) takes about 6 months if tenant digs heels in (as they are absolutely entitled to do, just as landlord absolutely entitled to serve s21..). See...
                https://england.shelter.org.uk/housi...eviction_takes
                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...

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