Serving a section 21

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  • Serving a section 21

    Hi guys,

    I have just served my first section 21 to my tenants and would just like to know if they need to confirm to me that they have received and understand this. Or do I just expect them to move out on the specified date (2 months after next rent date)
    Cheers
    Jayne

  • #2
    Originally posted by jayneypo View Post
    Hi guys,

    I have just served my first section 21 to my tenants and would just like to know if they need to confirm to me that they have received and understand this. Or do I just expect them to move out on the specified date (2 months after next rent date)
    Cheers
    Jayne
    No they don't need to confirm that they have received it.
    More important is how it was served by you, and what proof you have that you served it.

    You expect them to move out, but they may not.
    If they don't, you can ask them why, but ultimately you would need a court order and bailiffs to remove them if they dig their heels in.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


    • #3
      If they dig their heels in then as stated above you will be obliged to take court action to regain possession of your property. Part of this process will be to prove to the satisfaction of a judge that your tenants have received the correct period of notice by providing proof that your notice was served on the date that you claim.
      If you use recorded delivery or some other mechanism that requires the tenant to sign a document acknowledging receipt of the envelope containing your notice document, the tenant can be clever by guessing what the envelope contains and then refuse to sign for its receipt! So you either take the document with an independent witness, and put the envelope through the tenant's letterbox so that the delivery can be witnessed, or you use ordinary post. Here you post two copies of the notice certificate to your tenant's address from two separate post offices, obtaining a certificate of posting in each case. Hopefully the judge will hold that although the post may fail with one delivery, failure with two independent deliveries is extremely unlikely. Don't forget that in this case you need to make allowance (three working days) for the postal delivery to take place when calculating the expiry date of the notice period.

      P.P.
      Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

      Comment


      • #4
        Originally posted by P.Pilcher View Post
        If they dig their heels in then as stated above you will be obliged to take court action to regain possession of your property. Part of this process will be to prove to the satisfaction of a judge that your tenants have received the correct period of notice by providing proof that your notice was served on the date that you claim.
        If you use recorded delivery or some other mechanism that requires the tenant to sign a document acknowledging receipt of the envelope containing your notice document, the tenant can be clever by guessing what the envelope contains and then refuse to sign for its receipt! So you either take the document with an independent witness, and put the envelope through the tenant's letterbox so that the delivery can be witnessed, or you use ordinary post. Here you post two copies of the notice certificate to your tenant's address from two separate post offices, obtaining a certificate of posting in each case. Hopefully the judge will hold that although the post may fail with one delivery, failure with two independent deliveries is extremely unlikely. Don't forget that in this case you need to make allowance (three working days) for the postal delivery to take place when calculating the expiry date of the notice period.

        P.P.
        Hi P. Pilcher

        In your post (red) you say a landlord must prove a tenant has received the correct period of notice by providing proof that your notice was served on the date that you claim.
        Our tenancy ends on the 28th July 2010, after which date we require possession of the house. My question is:

        On the Section 21, can we write the Date this NOTICE is SERVED the 27th May 2010, even though our tenant will actually recieve it through the door a few days earlier, on the 23rd or 24th May 2010 for example?

        We will be sending two notices first class post from different post offices, and obtain proof of postage. The proof of postage will probably read the 21st or 22nd May 2010.

        Thanks in advance
        Jim

        Comment


        • #5
          Originally posted by jimdunn View Post
          On the Section 21, can we write the Date this NOTICE is SERVED the 27th May 2010, even though our tenant will actually recieve it through the door a few days earlier, on the 23rd or 24th May 2010 for example?
          Yes, providing:
          * The s.21 notices were sent by first class post 25 May 2010, before 5pm, it would be deemed served the second day after posting.
          * A minimum of 2 months notice is given, e.g. expiry: "after 28 July 2010".
          * Any protectable deposit is protected.
          The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

          Comment


          • #6
            Originally posted by tom999 View Post
            Yes, providing:
            * The s.21 notices were sent by first class post 25 May 2010, before 5pm, it would be deemed served the second day after posting.
            * A minimum of 2 months notice is given, e.g. expiry: "after 28 July 2010".
            * Any protectable deposit is protected.
            ...and provided that, if the property is a licensable HMO, it is licensed by the Local Housing Authority.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


            • #7
              Thanks for your replies tom999 and jeffrey,

              Jeffrey, I'm not sure what HMO means, can you explain?

              The house in question is a private dwelling with a mortgage. It is not let through a Local Housing Association.

              Jim

              Comment


              • #8
                Originally posted by jimdunn View Post
                Thanks for your replies tom999 and jeffrey,

                Jeffrey, I'm not sure what HMO means, can you explain?

                The house in question is a private dwelling with a mortgage. It is not let through a Local Housing Association.

                Jim
                HMO = House in Multiple Occupation - very simply a property occupied by 3 or more persons forming 2 or more families. Some properties of this description need to be licensed by the local authority.

                Comment

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