Proof that person has received section 21 eviction notice

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Proof that person has received section 21 eviction notice

    I want to issue section 21 eviction notices to 3 tenants. I am concerned that 1 of the tenants may deny receiving the section 21 as they have been a bit awkward. I read online that the best way to prove this is to have a witness to them signing a document saying they have signed the section 21, but I have also read that the tenant does not have to sign witnessed document even if I say they do. Other advice is to use signed delivery, but of course there is no compulsion to receive a signed for item. Please advise

    #2
    Hi Langanby,

    In the 'Docs' section of this website there is a handy guide:

    Notes on Serving a Valid Section 21 Notice

    which explains the 4 ways to serve a Section 21 notice and the merits of each.

    Before you decide which to use, check and re-check that your Section 21 will be valid. You might also consider using a specialist eviction service to do the job for you, both in checking your documents and issuing the Section 21.

    Comment


      #3
      It's service that matters, not receiving it.

      Worry about serving notice.
      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
        By the way it isn't an 'eviction' notice, it is just a notice advising them you wish them to leave.

        Comment


          #5
          Originally posted by theartfullodger View Post
          It's service that matters, not receiving it.

          Worry about serving notice.
          Hi artful, thanks for responding, could you clarify what you mean...are you inferring that I make sure have evidence such as proof of postage

          Comment


            #6
            A common bit of advice hereabouts used to be post same notice from two different post offices with free proof of postage.

            If paranoid, also video yourself stuffing notice into addressed envelope then video shoving into letter box. Ideally with witness.

            Proof for civil cases is on balance of probabilities, not as with criminal cases on "beyond reasonable doubt".

            Many tenants leave on s21 notice expiry, more when 1st court papers arrive, but you never know.

            S21 does not end tenancy nor compel tenant to leave. (Thatcher's 1988 Act). Many are invalid -google nearly legal section 21 to check yours.

            That someone doesn't read it (p**do Andy) or the dog eats it should not matter.
            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


              #7
              Originally posted by Langanby View Post

              Hi artful, thanks for responding, could you clarify what you mean...are you inferring that I make sure have evidence such as proof of postage
              You just need to have reasonable proof that you posted it, not that it was received. That's why you shouldn't use a signed for service because if the tenant refuses to sign for it they then have proof that they never received it.

              Comment


                #8
                The thing is that I am often in the house doing jobs and the tenants have no problem letting me in to do such jobs. Would it be better photographing myself leaving the section 21 letter in the place where mail is put by the front door with a time stamp on the photo (if that's possible) during one of these visits. I don't want to insist on a snap of me handing it to them as that seems a bit aggressive.

                Comment


                  #9
                  What's wrong with the house that needs you to be " often in the house doing jobs " please? Repair issues may make s21's tricky...

                  Not to mention if I were a tenant I'd be unhappy with such an arrangement, but perhaps that just me...
                  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


                    #10
                    No nothing that bad, it was me being proactive on improving on an already perfectly habitable abode, I laid a new lawn and put up a new fence, so no major grumbles have been had by them indoors

                    Comment


                      #11
                      In 15 years of letting it, I have had no problems getting access through just displaying good manners, and getting out of the way as soon as I had sorted anything out ...maybe I have been fortunate?

                      Comment


                        #12
                        For reference

                        https://tinyurl.com/r2we7kjr
                        Fed up with nitpickers and rivet counters...

                        Comment


                          #13
                          How to serve is in the cpr. https://www.justice.gov.uk/courts/pr...l/rules/part06

                          Comment

                          Latest Activity

                          Collapse

                          Working...
                          X