Proof of Service of Section 8?

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    Proof of Service of Section 8?

    Hi,

    My husband and I are pursuing tenants at the County Court for rent arrears and eviction. The tenants are denying receiving both the section 8s we served. We sent them both recorded delivery and have now obtained copy signatures from royal mail but the tenant did not sign for either. How can we prove that she has received them or will it be enough that SOMEONE signed for them? I should add that the judge says the receipts from royal mail are not sufficient.

    #2
    Originally posted by JHS View Post
    How can we prove that she has received them or will it be enough that SOMEONE signed for them? I should add that the judge says the receipts from royal mail are not sufficient.
    I dunno, but I'm curious as to when the judge said what he said? Have you had a hearing already and it was adjourned because T denied receipt of notice?

    The consensus on the forum is that, to serve notice on a reluctant-to-receive tenant, and to obtain proof of service which will satisfy a court, the best way is to send TWO identical copies of the notice (retaining a copy for one's own records), first class, from TWO different post offices, and obtain a free certificate of posting from each of the two post offices (ensuring that the location and date on the PO stamp is legible).

    The legal system proceeds on the basis that the postal service is reliable. That being so, it would be extremely unlikely that BOTH of the notices sent (with proof of posting) would have gone undelivered. Therefore, in all likelihood, at least one notice was served.

    Alternatively, serve in person, or through the letterbox in person. Either hire a process server or DIY with a reliable witness.

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      #3
      Originally posted by JHS View Post
      How can we prove that she has received them or will it be enough that SOMEONE signed for them? I should add that the judge says the receipts from royal mail are not sufficient.
      You can't prove that she received them.

      So what has the judge said with regards to the case, as that is all you have, and you can't provide any further proof that she received it.
      Allow tenants to protect their own deposits. I want free money when they do it wrong

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        #4
        Yes, we did have a hearing (the first one) and the judge said that we had to provide proof that the section 8 was served. Funny enough, we did serve two and I have just found the receipt for the second one, called Royal Mail and they confirm that the tenant herself signed for it (YEAH!) so I'm just waiting for a copy by email. The judge gave us a week to come up with the goods so I'm hoping nothing else will come up and this will be the end of it.

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