Served s21 but had no gas safety cert in place

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    Served s21 but had no gas safety cert in place

    I gave my tenant notice under s21 on 13 Feb. I initially sent the letter 6 days before via special delivery. He wasn't in when they knocked on 8 Feb, so they left a card but he never picked it up from the delivery office. I then sent it 1st class but he claimed not to have received it.. I also hand delivered it on the 13 Feb, so I know for sure he has received it.

    But... I have the feeling he will contest receiving it at all. If contested in court, is me sending it via Special Delivery good enough evidence even if he's not picked it up? And what about the hand delivery? I took video clips of me delivering it, but it's come out poorly in the dark.

    What are my options now? I could serve the notice again a month later, but unless I can actually manage to deliver it to him when he's in (and either take a witness or get him to sign for receipt), the same thing could happen again. Or...I could pay him to leave by the date on the initial s21 notice. Any views....?

    #2
    I would send from 2 different post offices with free proof of posting.
    Similar threads on the subject below.

    Comment


      #3
      What date was the Sec 21 set to expire?
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        Section 21 proof of postage

        I gave my tenant notice under s21 on 13 Feb. I initially sent the letter 6 days before via special delivery. He wasn't in when they knocked on 8 Feb, so they left a card but he never picked it up from the delivery office. I then sent it 1st class but he claimed not to have received it.. I also hand delivered it on the 13 Feb, so I know for sure he has received it.

        But... I have the feeling he will contest receiving it at all. If contested in court, is me sending it via Special Delivery good enough evidence even if he's not picked it up? And what about the hand delivery? I took video clips of me delivering it, but it's come out poorly in the dark.

        What are my options now? I could serve the notice again a month later, but unless I can actually manage to deliver it to him when he's in (and either take a witness or get him to sign for receipt), the same thing could happen again. Or...I could pay him to leave by the date on the initial s21 notice. Any

        Comment


          #5
          Date given in the letter for tenant to move out was 13 April (periodic tenancy).
          And, yes, boletus, I have since learned thanks that this is the best way but do you think I should just forget the one I've sent and do it all again a month later, or chance it through the courts with the Special Delivery one?
          Btw does anyone know what the costs of court action to me will be?

          Comment


            #6
            From what I have read here, signed for or special delivery may not be adequate. The two letters from 2 post offices both with a proof of posting receipt is best. Or you could take an independent witness who can vouch for seeing you post it through the door.

            Sounds like you might be better off re-serving as it would be a big shame to get to April and find it was invalid.
            IANAL (I am not a lawyer). Anything I say here is just an opinion, so should not be relied upon! Always check your facts with a professional who really knows their onions.

            Comment


              #7
              It is advised by members of the forum not to send notices via special or recorded delivery as if the tenant does not pick it up then it is not considered to have been delivered.
              If you hand deliver a notice then it needs to be witnessed.
              It is advised to send the notice from two separate Post Offices on the same day and ensure you ask for and keep a certificate of posting from each Post Office. A cert. of posting is available free of charge.
              The thinking behind this is that it could be considered possible for one letter to go missing but very unlikely for either two not to be delivered.

              If the tenant agreed to leave if you paid him, you would need something in writing. Maybe someone with more knowledge than I will come along and advise you on this.

              Comment


                #8
                Thanks very helpful, I'm not planning to pay him until he leaves

                Thanks very helpful, I'm not planning to pay him until he leaves

                Comment


                  #9
                  In some rural areas it can be difficult to find 2 local post offices, so 1 should suffice provided it is correctly addressed, sent pre-paid First Class and free Cert of Posting obtained from counter staff

                  Comment


                    #10
                    Originally posted by EMB View Post
                    It is advised to send the notice from two separate Post Offices on the same day
                    I am fairly sure I recently saw a reference to sending the second notice from a different post office the next day. Not sure if this was significant/intentional, but thinking about it this would seem to make sense. This would ensure that the two were not part of the same delivery and therefore would be entirely independent. If the two are posted on the same day they will end up in the same place at the same time and it would be easier to argue that the postman* had dropped them into a drain, his dog ate them, or whatever.

                    * Other genders are available.
                    There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

                    Comment


                      #11
                      Two duplicate threads have been merged
                      I also post as Mars_Mug when not moderating

                      Comment


                        #12
                        Originally posted by doobrey View Post
                        * Other genders are available.
                        Including I hope: "actually I'm male but in touch with my feminine side".

                        Comment


                          #13
                          Thanks. There seems to be no set of universally agreed requirements, and it just depends what the judge decides on the day...! I've resent the s21 a month after the first from two separate POs, and won't risk the first one,

                          Comment


                            #14
                            Served s21 but had no gas safety cert in place

                            I have served a section 21 which gives the 2 months requisite notice, expiring on 13 May. But.... I had overlooked that I hadn't got a gas safety cert in place (basic error I know). I am remedying immediately and one should be in place tomorrow, 14 March.

                            Will this invalidate the s21 do you think if I take it to court?

                            Comment


                              #15
                              No, a gas cert is irrelevant.
                              Allow tenants to protect their own deposits. I want free money when they do it wrong

                              Comment

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