Eviction notice s21

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  • theartfullodger
    replied
    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/

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  • jpkeates
    replied
    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!

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  • JK0
    replied
    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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  • JK0
    replied
    Originally posted by jpkeates View Post
    The figure for things lost in the post is so low that it's legally treated as, basically, zero.
    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.

    Leave a comment:


  • jpkeates
    replied
    Originally posted by JK0 View Post
    Because nothing ever gets lost in the mail, does it?
    The figure for things lost in the post is so low that it's legally treated as, basically, zero.

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  • Propertygoesup
    replied
    Is hand delivering preferable to post?

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  • JK0
    replied
    Originally posted by mariner View Post
    There is no need to post Notices from 2 separate PO's, just send 1, correctly addressed. with First Class stamp on.and allow 2 working days for delivery.
    Because nothing ever gets lost in the mail, does it?

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  • mariner
    replied
    There is no need to post Notices from 2 separate PO's, just send 1, correctly addressed. with First Class stamp on.and allow 2 working days for delivery.

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  • JK0
    replied
    No, of course don't get Landlord Action involved. (Unless you want to pay them £2000.)

    Send the notice from two post offices by ordinary post and get proof of posting.

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  • Propertygoesup
    replied
    Seeing as it looks more straightforward and less to go wrong due to my AST being before Oct '15 should I serve notice myself via hand or first class mail , or is it still advisable to get landlord action involved from the start?

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  • Propertygoesup
    replied
    That's good news so I don't have to worry about the rent guide and energy certificates etc!

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  • jpkeates
    replied
    Originally posted by Propertygoesup View Post
    The AST began before the October 15 date but the spt began after (July 16) so not sure which option to choose on the flowchart
    See footnote 7

    "Not including a statutory periodic tenancy automatically arising under section 5(2) of the Housing Act 1988, immediately following a tenancy granted before 1 October 2015."

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  • JK0
    replied
    It refers to 'The tenancy'. If it meant 'when did periodic tenancy start' it would have said so.

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  • Propertygoesup
    replied
    The AST began before the October 15 date but the spt began after (July 16) so not sure which option to choose on the flowchart

    Leave a comment:


  • jpkeates
    replied
    Originally posted by Propertygoesup View Post
    On question 6 I am not sure which answer to follow.
    There is a mention of a statutory periodic tenancy but I am confused!.
    Unless your tenancy agreement contains terms that indicate that the tenancy has no fixed term that ends, but has an initial term of 12 months that then continues, after the 12 months fixed term, a new periodic tenancy began.

    That's the statutory periodic tenancy.

    Leave a comment:

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