Best way to serve notice

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    Best way to serve notice

    In the past, I have served s8 and s21 notices by sending two copies on the same day both with certificates of posting from different post offices, but the RLA helpline do not think this is a secure way of obtaining repossession. They prefer videoing taking it to the address in person. What do you think is an adequate and/or the best method?

    The next address I need to serve one at is in a small block of flats, so is it better to put it into the letterbox (each flat has their own external letterbox) or in person to the tenants themselves. There are two tenants on the same tenancy, is serving one notice for both of them sufficient?

    #2
    Originally posted by olibird View Post
    In the past, I have served s8 and s21 notices by sending two copies on the same day both with certificates of posting from different post offices,
    This is what I do to. (must admit this has never been tested by me in court)

    Originally posted by olibird View Post
    They prefer videoing taking it to the address in person.
    I'm not sure how this would prove you got the correct house flat? Presumably you'd have to video yourself walking past the street name, then video the name of the block of flats, then video yourself walking to the correct floor, then walking to the correct letterbox - then of course the letterbox would need to have the correct tenants name clearly marked on it.

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      #3
      I know of no authority that says that a notice sent by ordinary post (assuming proof of posting) is not 'deemed served'.

      The only exception is a Torts Notice, where sale of goods is contemplated. You can serve a copy in all sorts of practical ways, if your object is for the notice to come to the tenant's attention, but the ONLY valid means of service to have a statutory defence to a conversion/negligence claim (if brought) is to have sent to the last known address by registered or recorded delivery post.

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        #4
        What is a conversion/negligence claim? So do you think for serving an eviction notice, at least one of the letters should be by recorded/registered post?

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          #5
          Originally posted by olibird View Post
          What is a conversion/negligence claim? So do you think for serving an eviction notice, at least one of the letters should be by recorded/registered post?
          It is the remedy sought where an aggrieved ex-tenant sues for the value of the furniture and goods he left behind at the end of the tenancy (frequently after eviction). Landlords have to get rid of stuff if the ex-T won't collect it, by sale or disposal, so they incorporate specific provisions in their agreements to deal with the situation, and failing that (or as a belt & braces approach) serve a notice under the Torts (Interference with Goods) Act 1977. A properly framed notice is the landlord's safeguard against a claim that he sold the ex-T's stuff or negligently allowed it to be 'lost'. Claims seems very rare, and the only reason I mentioned it is that the 'service' requirements are VERY precisely prescribed and no alternative exists (despite lots of 'advice' to the contrary from people who should know better ....).

          No, there's no reason to send anything else by Recorded Delivery: indeed it can be counter-productive. It the tenant isn't there, and doesn't sign for it, it will be returned to you, undelivered - so, far from being able to show that your notices were 'deemed' served on a certain date (two business days after posting for first class), you have actual knowledge that it hasn't been served, at all.

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            #6
            Originally posted by olibird View Post
            There are two tenants on the same tenancy, is serving one notice for both of them sufficient?
            There is only one tenant (if there are two people named, they are jointly 'the tenant'); so I think that one notice addressed to them both is sufficient.

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              #7
              Actually I did have an evicted tenant claim to the council that she had no idea about the eviction, as all four letters about it must have been stolen from her external letter box.

              (Council didn't believe her.)

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                #8
                Originally posted by StuartH View Post
                No, there's no reason to send anything else by Recorded Delivery: indeed it can be counter-productive. It the tenant isn't there, and doesn't sign for it, it will be returned to you, undelivered - so, far from being able to show that your notices were 'deemed' served on a certain date (two business days after posting for first class), you have actual knowledge that it hasn't been served, at all.
                Also a canny tenant who knows he's likely to be evicted will simply refuse to sign for anything!

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                  #9
                  Originally posted by olibird View Post
                  ... the RLA helpline do not think this is a secure way of obtaining repossession. They prefer videoing taking it to the address in person.
                  That's quite extraordinary advice, and I'd love to know why they suggest that.

                  It's much easier to change the date and time on a video camera or phone than it is to pursuade a post office to backdate a proof of posting certificate.

                  I've never even heard of anyone failing to satisfy a judge that notice was actually served.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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                    #10
                    There's a difference between what's the best way, and what's the best cost effective way.

                    The best way would be one where independent professionals are used who can legally testify that a specific document is served, when, where, and how. So if you have money to spare, feel free to pay a professional process server directly or indirectly through a solicitor to serve for you.

                    Generally speaking, double 1st class postage with proof of posting is fine. Negative is that the proof of posting only evidence that an envelop is sent to a particular address not the content. Double to lessen any argument about postal loses. Recorded or special delivery gives proof of receipt but carries the risk of returned post as mentioned above which will mean it is NOT deemed served. If you want to increase the insurance because we are talking about a problematic tenant, and yet avoid the cost of professional process service, then a combination of postage and in person posting through the door/postbox where you are accompanied by a non-relative friend who are willing to give a witness statement.
                    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                    I do not answer questions through private messages which should be posted publicly on the forum.

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                      #11
                      I brought up the same issue in July here: http://www.landlordzone.co.uk/forums...erving-notices

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                        #12
                        Thanks for your input guys

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                          #13
                          Nothing to stop you serving multiple ways
                          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...

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                            #14
                            We used specialist eviction solicitors to issue a section 8.

                            They sent one copy by recorded delivery and one copy in ordinary post.

                            Hilariously the tenant signed for the section 8 with Royal Mail, then text us denying receipt!

                            We sent her a copy of her signature which was quickly accessed on the Royal Mail link and she eventually moved out (very long story I won't bore u with)

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                              #15
                              LOL, how on earth does she think a judge will believe she never received a letter and yet knows about its content to text you denying receipt unless she has opened it?
                              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                              I do not answer questions through private messages which should be posted publicly on the forum.

                              Comment

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