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.
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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Previous Article
To fix or not to fix that is the question for a first timer
Member Since January 2011 - Comments: 12196 - Articles: 1396
8:49 PM, 24th January 2014, About 12 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!
.
Member Since August 2013 - Comments: 35
9:00 PM, 24th January 2014, About 12 years ago
Q: How far away do you live from the property in question?
Member Since July 2013 - Comments: 293
9:00 PM, 24th January 2014, About 12 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.
Member Since July 2013 - Comments: 264
9:07 PM, 24th January 2014, About 12 years ago
You could get your friend to video you putting it through letter box which will also give the date & time.
Member Since June 2013 - Comments: 1121
9:28 PM, 24th January 2014, About 12 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.
Member Since June 2013 - Comments: 1121
9:32 PM, 24th January 2014, About 12 years ago
And no…my profile picture is not the cheesey grin photo before some of you ask
Member Since August 2013 - Comments: 35
9:37 PM, 24th January 2014, About 12 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.
Member Since July 2013 - Comments: 22 - Articles: 3
9:26 AM, 25th January 2014, About 12 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!
Member Since January 2014 - Comments: 14
9:46 AM, 25th January 2014, About 12 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
Member Since June 2013 - Comments: 1121
11:02 AM, 25th January 2014, About 12 years ago
Lima 7 just checking – I assume that tenant is two months in arrears on service of the notice?