Starting the Eviction process for a Tenant, please help.

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    #31
    monkeysee,

    Thanks for this, so there is a general consensus that the process that monkeysee highlighted in post #29 is what I should go with, what if I want to serve the notice tomorrow ? which date would it expire ?

    I want to make sure I get it right here.

    Comment


      #32
      If you post it tomorrow before 4.30pm then technically it is deemed served on the day after the next working day, see part 6 of the CPR's here - http://www.justice.gov.uk/courts/pro...l/rules/part06

      In practice it's best to allow a few days, we all know sometimes post gets delayed.

      If you post it tomorrow I'd suggest having it expire 2 months on Wednesday, i.e. the 26th April 2014, the earliest it could expire under the rules if posted tomorrow would be 24th April 2014, being deemed served on Monday, 24th February.
      Last edited by monkeysee; 19-02-2014, 16:02 PM. Reason: Worked out the dates wrong
      I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

      Comment


        #33
        Cheers guys
        Really appreciated
        Can I post the 2 notices on same day ? Or is it best to lapse it by a day

        Comment


          #34
          I posted the first notice last week, and I am about to post the second notice which is a S21 4A today, its set to expire after 27th April 2014.

          Anyone see any issues here ?

          Comment


            #35
            No you should be in time as long as you send it before the last collection, it'll be deemed served on Wednesday.

            Dunno why you didn't just put em both in the same envelope though .... though perhaps your way is better. Saves the tenant pleading confusion or some other nonsense by the receipt of two notices at the same time.
            I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

            Comment


              #36
              Originally posted by monkeysee View Post
              ....
              Dunno why you didn't just put em both in the same envelope though .... though perhaps your way is better. Saves the tenant pleading confusion or some other nonsense by the receipt of two notices at the same time.
              It is considered that the usual defence by the tenant of "nah, never got it dinnI" is perhaps just plausible to the Judge for one delivery but for the 2 separate deliveries from 2 separate post offices each with **free** "proof of postage" landlord should be believed...

              Cheers!
              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


                #37
                I would have posted two identical notices that expired at the same time.
                What you are doing defeats the purpose of sending two.

                The tenant can easily say to the court he didn't get the one the landlord is actioning, but did get the one he is not(actioning).
                Allow tenants to protect their own deposits. I want free money when they do it wrong

                Comment


                  #38
                  artful / thesaint



                  This isn't 2 identical notices, it is a 1B and a 4A, the 4A in case the tenant looks likely to challenge the Spencer v Turner decision so the OP doesn't have to end up a (expensive) test case.

                  Though yes, sending separately is a good idea for the reasons you stated..... two envelopes, each containing the 1B and the 4A from two separate post offices, or even four envelopes, 2 from each post office would be ideal.

                  However, for deemed service to be defeated the tenant needs to establish it was likely not to have been delivered in the normal course of post, not an easy task - see Calladine-Smith vs Saveorder Ltd. OP will most likely be fine with what they have done.

                  If they read this in time they could perhaps send another copy of the 1B out today as well from a separate post office, just to iron-clad themselves against the tenant claiming only to receive the 4A or something.
                  I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

                  Comment


                    #39
                    Originally posted by monkeysee View Post
                    I've just remembered, since Spencer v Taylor [2013] EWCA, the LL no longer has to use S21(4A) when the fixed term has come to an end, 1B is available.

                    That being the case the OP should just issue a S21(1B) and we don't have to worry about the dates, the rule is that it gives at least 2 months notice, the precision required by 4A isn't needed.

                    This hasn't been confirmed by the Supreme Court or anything so it might be an idea to serve 1B and 4A, but only use the 4A if the 1B fails, it shouldn't as long as the OP informs the court of the Spencer v Taylor decision as the Court of Appeal is superior to the County Court. If the tenant kicks up a fuss or looks like they might be going to appeal it or something then revert back to using the 4A rather than becoming a test case.

                    OP, when it comes time to start possession proceedings print out a copy of this - http://www.bailii.org/ew/cases/EWCA/Civ/2013/1600.html - and send it in along with your claim form. It's a new decision so the lower courts can't be assumed to be aware of it yet, point it out explicitly.
                    I have now got to the stage where I am filling the N5B form, should I print out the document in the webpage and print 3 separate copies of it or just one copy for the judge. Also how do I make reference to it on the application form ? I have a supporting statement which I have created and printed off, should it be on that or perhaps on the form itself. I see no section on the form where I can make reference to a judgement. Also this is for the S21 1 B notice which expires on 24/04/2014. I plan to submit it to the court close of business on 24/04/2014 so that it will be picked up in their post box on 25/04/2014.

                    Comment


                      #40
                      Anyone for the question above please.

                      Comment


                        #41
                        I would make reference to your supporting evidence in the space between questions 5 and 6, and say it is "C2".

                        Then include 3 copies of "C2".
                        Allow tenants to protect their own deposits. I want free money when they do it wrong

                        Comment


                          #42
                          Originally posted by thesaint View Post
                          Serve a Sec 21 for a tenancy that is periodic.

                          http://www.letlink.co.uk/GeneralInfo...on/S21_4_A.pdf

                          It can be served now, and if you use the form I have linked, the expiry date to be used is 5th May 2014
                          The Saint,

                          In the link you provided to a S21a notice, it asks for the date the notice expires which is on the 5th May 2014 and that is also the date I would write myself on the form, but I am slightly confused by the word "after" which appears below as we are not talking here about "repossession required after 5th of May". Could you kindly explain why the word "after" is there at all? Thanks.

                          (iii) See Note C DATE OF EXPIRY
                          after

                          Comment


                            #43
                            The s21 expires on the 5th at 23.59.59 so repo cannot be sought until 'after' 5th May, provided dates are correct.

                            Comment


                              #44
                              Also guys, looking at 2. There was a previous AST contract which lapsed and was renewed by a new one. I believe I don't have to reference the first one which commenced in 2011. Only the last one, please confirm.

                              Comment

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