S21 Proof of Delivery, when hand delivered.

[nessa]

Hi Guys

Hoping someone can help.

My letting agent issued a s21 to my tenant, however when I have asked for proof of delivery they tell me it was hand delivered and signed by the agent and another employee of the letting agent.

I feel they should have got the tenant to sign it, and that this is not adequate proof of delivery if I want to proceed to n5b with this.

Just wondered what your thoughts are - do I need to get witness statements off both, or is it too late?

Thanks in advance.

[Darth Wookie]

if you have a witness statement from your agent stating they delivered it, then this is adequate. You can only prove it got as far as the letter box, you can't ever prove the tenant read it.
If the delivery was disputed by the tenant, the judge could theoretically call upon the witness to swear to their statement. They tend not to do that.

[thesaint]

When/if you fill out an N5b, you include court form 215

http://hmctsformfinder.justice.gov.u...t_forms_id=459

[nessa]

Thanks guys, really helpful