Accelerated Possession Order, proof of service Section 21

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    Accelerated Possession Order, proof of service Section 21

    Hi everyone

    I have a question that I hope a solicitor or someone who has made a successful application in a similar circumstance can answer.

    My letting agent served the Section 21 notice for me, they delivered it by hand to the tenant.

    How do I submit this proof of service with my application? After reading through the forum and researching on the internet I thought a form N215 completed by the Agent would do the trick, but I rang the County Court and they do not think this form is appropriate (but cannot advise how else to present the proof), and my letting agent said they have never seen this form before and usually provide the solicitor with details of when and how it was served.

    Would a signed letter from the Letting Agent do?

    This forum has been great in helping me figure out the other areas of the application, thanks very much to everyone who contributes.

    #2
    I would certainly think an n215 would do the job (don't be suprised your agents have never heard of it).

    There is also a 'form' in the documents section of this website for a witness to service to sign.

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      #3
      I used the witness statement- notice serving template in the documents section of this web site and it was accepted by the court without a problem. Bare in mind some of the court staff aren't too bright. One told me that I needed a solicitor before applying for possession which was totally incorrect

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        #4
        Thanks for the replies.

        It appears to me that an N215 certificate is to confirm that Court documents have been served on the defendant such as the actual Claim for Accelerated Possession andthe witness statement form is for a witness and not the actual person who served the Section 21. My agent did not have a witness, how should I present proof of service by my agent?

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          #5
          The agent is the witness to his own actions, to the fact that he served the notice. A third party witness would just provide additional evidence, but the agent's assertion that he served the notice should be sufficient.

          The agent should supply a witness statement, signed off with a statement of truth. Or an affadavit.

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            #6
            I think I am going to go with the N215!

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              #7
              Thanks for your reply Westminster, our posts crossed over. The link to Statement of truth is very useful, thank you.

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