Proof of section 8 notice

by Readers Question

20:46 PM, 24th January 2014
About 7 years ago

Proof of section 8 notice

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Proof of section 8 notice

How do I prove I’ve served a tenant a Section 8 notice?

Since my tenant stopped paying he’s totally dropped of the radar. Won’t return my calls, won’t respond to messages or texts, ignores my emails and pretends he’s not in when I knock on the door.  Proof of section 8 notice

I’ve dropped a section 8 notice through his letterbox myself, I’ve handed a copy to his ‘friend’ who once opened the door 1/2 an inch, and I’ve sent a recorded delivery letter to him, however in the case of the last one I can track it’s progress and I know the postman has tried to deliver it but the tenant refused to sign for it so it’s gone back to the post office to wait for the tenant to come and collect it (which i know isn’t going to happen)

I’m sure if the case goes to court he’ll just deny receiving anything just to stall the process, is there anything I can do?

Thanks

Lima7


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Comments

Mark Alexander

20:49 PM, 24th January 2014
About 7 years ago

Expensive option - employ a professional document server

Cheap option - send notices from three separate post offices with proof of postage. Use different size, colour of envelopes. Have an independent witness to you putting the letters in the envelopes and taking them to the post office.

Good luck!
.

Gareth Thomas

21:00 PM, 24th January 2014
About 7 years ago

Q: How far away do you live from the property in question?

Yvette Newbury

21:00 PM, 24th January 2014
About 7 years ago

If you want to do this yourself then hand deliver the notice yourself, take along a witness who watches you knock on the door and if no reply posts it through the door, and then you and your witness sign a Certificate of Posting which you can type up yourself to confirm date, time and method of posting. This can then be presented in Court as evidence to confirm the notice was delivered. Apparently if you deliver it yourself, and are willing to confirm in Court that you did so, you do not need the certificate but I believe in belt and braces.

ian

21:07 PM, 24th January 2014
About 7 years ago

You could get your friend to video you putting it through letter box which will also give the date & time.

Gary Nock

21:28 PM, 24th January 2014
About 7 years ago

And to make sure....all of the above. I am sure that under the civil procedure rules as long as you have a certificate of posting then that is accepted in court. I have also in my early days served them personally with a time and date stamped cheesey grin photo and filled in the relevant certificate and its been accepted at court.

Gary Nock

21:32 PM, 24th January 2014
About 7 years ago

And no...my profile picture is not the cheesey grin photo before some of you ask

Gareth Thomas

21:37 PM, 24th January 2014
About 7 years ago

...and everybody has answered the question and thus the reason for my question. Do it yourself and take a witness with you. Then have the witness sign a court paper to this effect and bang...you're done.

Sian Hemming-Metcalfe, MARLA (INV)

9:26 AM, 25th January 2014
About 7 years ago

Reply to the comment left by "Gareth Thomas" at "24/01/2014 - 21:37":

I agree Gareth; an independent or '"expert witness" would be the best way to prove service of the document supported by a statement signed by the witness as to the date and time of service and of course the address details! I would also take a date and time stamped picture of the posting as added proof that you were there!

Lima7 Seven

9:46 AM, 25th January 2014
About 7 years ago

Thanks for the suggestions - all very useful. I guess I ought to have titled this thread "how can I convince a court I've served a section 8 notice if the tenant denies all knowledge".

The idea of getting a witness sounds great, I used to live in the property myself until I started renting it out, I know all the neighbors, and one of them is a retired JP! I'm sure he'll be happy to act as a witness. Apart from that it seems that a 'belt and braces' approach should work, post several copies, one by recorded delivery, one with proof of postage and the final one delivered by hand with a witness.

The tenant also provided his parents address for alternative contact details, I guess sending a copy there wouldn't do any harm.

Thanks

Gary Nock

11:02 AM, 25th January 2014
About 7 years ago

Lima 7 just checking - I assume that tenant is two months in arrears on service of the notice?

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