Problem Serving Notice to Quit

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    Problem Serving Notice to Quit

    I have a house where the tenant had a very bad head injury in a car accident and is now in a care home somewhere. I've been told he's never going to be well enough to live on his own again and I'm not getting any rent. The house has been empty for a long time and I want to get it back. The letter box is sealed up, so I cannot put a Notice to Quit letter through the door. I have tried contacting his next of kin to find out what care home he is in. They agree he's not likely to go back to the house but for some reason they don't want to tell me where he is.

    I have been told I can't get a possession order from the court until I have sent him a Notice to Quit, giving him at least 28 days to move out.
    Would the court accept that the letter had been correctly served if I send it to him, care of his next of kin?

    Any suggestions?

    #2
    Strictly speaking all you have to do is send the S21 to his home address, currently your rental property. It's not your problem if the letter box is sealed it will be deemed served 2 days after posting. Do not use recorded delivery, send it from 2 different PO's and get proof of posting from each. (free)

    The S21 gives him two months notice after which you may apply to the court for a possession order. Or you may wish to use a S8 g's 8/10/11 which may be slightly quicker, you can apply for a hearing after 14 days if 2 months rent are owing on the day the notice is served and on the day of the hearing.

    Just to check though...........have you protected any deposit and served the prescribed information? How long has the tenant had his tenancy? What was/is the period of the fixed term?
    I offer no guarantee that anything I say is correct. wysiwyg

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      #3
      What happens to Royal Mail post sent to the property? if it is being sent to someone acting for him then this is the way forwards.

      There is no such thing as a notice to quit. To get possession of your property you need to serve a Section 21 notice (read more about that on this site) and it is recommended that it be 'served' by sending 2 copies from 2 different post offices, 1st class mail and keep proof of posting.



      Freedom at the point of zero............

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        #4
        Just to add, if the property is in E&W you cannot serve a 'notice to quit' You may only use S21 or S8.
        I offer no guarantee that anything I say is correct. wysiwyg

        Comment


          #5
          Snap Interlaken.
          I offer no guarantee that anything I say is correct. wysiwyg

          Comment


            #6
            If you have a key to the property then no harm (with a witness) opening the front door and taping the notice in a prominent place.

            Comment


              #7
              Assuming your property is in England/Wales (Scottish law differs) there is no such thing as a "notice to quit" or 28 days notice from the LL's side of the agreement.

              If the letterbox is taped shut, a friend or relative may have arranged a Royal Mail redirection for all post. I would send a copy by normal first class post (getting free proof of posting from the counter) and follow Snorkerz advice as well with a 2nd copy put inside the property if you have a key.

              However, you seem vague about the notice, its purpose, duration etc, so do you know how to issue a valid S21? As you will need to rely on it for your court possession order once it expires, it needs to be 100% spot on, dated correctly with proof of service, otherwise you will waste 2 months thinking it is valid only to have it chucked out at the possession application stage. Also, please answer questions about the deposit raised above, as failure to comply with deposit regs will also invalidate your notice.

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                #8
                There is such a thing as a "Notice to quit". Whether it applies to you is another matter.
                Allow tenants to protect their own deposits. I want free money when they do it wrong

                Comment


                  #9
                  Your best option may be to contact next-of-kin (sensitivelyt, they've enough on their plate already..) explaining tenant is liable for rent until tenancy ended through courts, he gives notice or a "Deed of Surrender" is signed.. and you can do that any time they/he likes..

                  Quicker than S21 & court...

                  Poor bloke, one must count one's blessings...
                  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
                    Originally posted by SandraMiller View Post
                    I have a house where the tenant had a very bad head injury in a car accident and is now in a care home somewhere. I've been told he's never going to be well enough to live on his own again and I'm not getting any rent. The house has been empty for a long time and I want to get it back. The letter box is sealed up, so I cannot put a Notice to Quit letter through the door. I have tried contacting his next of kin to find out what care home he is in. They agree he's not likely to go back to the house but for some reason they don't want to tell me where he is.

                    I have been told I can't get a possession order from the court until I have sent him a Notice to Quit, giving him at least 28 days to move out.
                    Would the court accept that the letter had been correctly served if I send it to him, care of his next of kin?

                    Any suggestions?
                    Hello Sandra.

                    How long has the tenant been living at the property for,date T 1st moved in ?
                    Thunderbirds are go

                    Comment


                      #11
                      Originally posted by thesaint View Post
                      There is such a thing as a "Notice to quit". Whether it applies to you is another matter.
                      The chances are that the tenancy in question is an AST and in that case the landlord can not issue a valid NTQ. Is an invalid NTQ an 'Notice To Quit'? I think not as it doesn't make the tenant quit. Sure Sandra can rest assured she has issued a NTQ but it will suffer from chocolate teapot syndrome.

                      Mind you, the use of NTQ and 28 days notice does suggest a potential US poster - perhaps Mod2 could verify location?

                      Comment


                        #12
                        Originally posted by Snorkerz View Post
                        The chances are that the tenancy in question is an AST and in that case the landlord can not issue a valid NTQ. Is an invalid NTQ an 'Notice To Quit'? I think not as it doesn't make the tenant quit. Sure Sandra can rest assured she has issued a NTQ but it will suffer from chocolate teapot syndrome.

                        Mind you, the use of NTQ and 28 days notice does suggest a potential US poster - perhaps Mod2 could verify location?


                        NTQ 28 days Notice is still used in the UK,1977 Rent act

                        Regulated Tenant,hence the question I asked in post #10

                        OP Email address on profile suggest UK.....
                        Thunderbirds are go

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