Eviction notice s21

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    #16
    Originally posted by Propertygoesup View Post
    Is hand delivering preferable to post?
    Of course not. Tenant will just lie and say you did not deliver anything. The N5B form asks for proof of service. Are you going to put your tenant in an arm lock until he signs a receipt?

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      #17
      Originally posted by JK0 View Post

      You're talking as a lawyer again, JPK. While a judge might take a fellow lawyer's word that the letter was posted and received, that privilege is not extended to us lesser mortals.

      For the sake of a 70p stamp and a little walk, I'll continue to send the two letters.
      To be honest, I missed the context - I missed the discussion about sending 1 or 2 copies.

      I am most definitely not a lawyer!
      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


        #18
        Originally posted by Propertygoesup View Post
        Eviction notice s21

        .
        An s21 notice is not an eviction notice. It is a notice that the landlord may (or may not..) start court process.

        Use this checklist also: I think it may be more current.. (Sept 2019). The one your link goes to is April 2018...

        https://nearlylegal.co.uk/section-21-flowchart/
        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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          #19
          So that newer flowchart asks if the CURRENT tenancy started before October 2015. Is the current tenancy the original AST or did it become a SPT after the AST expired after 12 months? I'm confused about this

          Comment


            #20
            Originally posted by Propertygoesup View Post
            So that newer flowchart asks if the CURRENT tenancy started before October 2015. Is the current tenancy the original AST or did it become a SPT after the AST expired after 12 months? I'm confused about this
            I think you'd better contact landlord action after all. You're obviously not up to this.

            Comment


              #21
              Us lesser mortals can quote/.rely on the Interpretation Act for 'presumed delivery'.if procedures are followed.
              In rural areas, adjacent post offices can be several miles apart, not nec accesible via regular public transport.

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                #22
                Re not needing an EPC I believe there's legislation since October 2018 which says every tenanted property is requires to have one.

                Comment


                  #23
                  Originally posted by mariner View Post
                  Us lesser mortals can quote/.rely on the Interpretation Act for 'presumed delivery'.if procedures are followed.
                  In rural areas, adjacent post offices can be several miles apart, not nec accesible via regular public transport.
                  If tenants hadn't successfully defended s21's by saying they didn't receive anything, landlordzone standard advice would not be to issue two of them.

                  Comment


                    #24
                    Originally posted by mystic08 View Post
                    Re not needing an EPC I believe there's legislation since October 2018 which says every tenanted property is requires to have one.
                    But does not having one stop a S21 notice from being served?

                    Comment


                      #25
                      I still don't get it. Is the current tenancy the AST which was for 12 months from 07/15 or is the current tenant a SPT which began automatically in 07/16? Surely the answer to this will effect the eviction requirements?

                      Comment


                        #26
                        Clearly it's the SPT since the original fixed term has expired. The tenancy conditions will be the same except for term, which will be monthly if that was the original period and notice requirements which you've been given already.

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                          #27
                          I think I'm gonna use landlord action as I dont want to make any mistakes and the process seems complicated

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                            #28
                            Originally posted by Propertygoesup View Post
                            I think I'm gonna use landlord action as I dont want to make any mistakes and the process seems complicated
                            There's an assumption in that statement....
                            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


                              #29
                              Would a local solicitor or landlord action be the better choice? I used a local solicitor successfully for lease extension and they offer eviction services also.
                              wasted a week with false promises to pay from tenant.
                              Getting sick of this now.

                              Comment


                                #30
                                EPC remaims valid for 10 yrs and must remain current during any Tenancy.

                                Comment

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