Evicting a tenant

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    #16
    Originally posted by marsaday View Post
    Ok, this is what i intend to do. Can you just confirm my dates will be ok.

    I will post the sec 21 tomorrow with a witness.
    1) Post the notice first class and get a free certificate of posting. 2) Deliver a duplicate notice by hand, through the T's letterbox, with a witness present. Keep a copy of the notice.

    The eviction 2 mth period will start from next wed 1st feb and will finish on tuesday 3rd April (this will be 2 days over the 2 mth period).
    Note that you do not put a 'start' date for the notice period, only an expiry date. The notice period begins when the notice is served, and you obtain evidence of the date of service - i.e. the certificate of posting, and the witness to hand delivery.

    If you deliver by hand tomorrow, the notice will be served that same day.

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      #17
      Originally posted by marsaday View Post
      ok, so if i serve it tomorrow, this means he has 2 mths from the 26th jan.
      Posting is not the same as serving. If you post the notice it will be served when the postman delivers it. With first class it's reasonably safe to assume it'll get there within a couple of days.

      If you deliver by hand, the notice will be served that same day (though best to avoid Sundays and Bank Holidays).

      ps, are there any complications if this is a joint tenancy ? It is a single tenancy with two named parties on it. I intend to name both on the eviction notice
      You serve notice on 'the Tenant'. In the case of a joint tenancy, both/all joint tenants together comprise 'the Tenant'. So, yes, you name both of them on the s.21 notice.

      And note, it is not an 'eviction notice'. A s.21 notice is not a notice to quit, does not end the tenancy at notice expiry, nor oblige the T to vacate. It merely entitles you to apply for a possession order after the notice expires.

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