Section 21 notice advice please

by Readers Question

8:24 AM, 29th October 2014
About 4 years ago

Section 21 notice advice please

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Section 21 notice advice please

I have a tenant who is currently in arrears and has despite my efforts is not responding to my letters, texts or even answering the door!

Earlier this month I attempted too hand deliver a Section 21 Notice to them, but they did not answer the door so I then posted it.

I enclosed two copies and asked for one to be signed and returned to me, I enclosed a pre paid envelope but once again, I have heard nothing too the tenant. My question is that should this go to court is anyone aware how I may stand if they say ‘they have never had sight of the S21’ even though I attempted to hand deliver and had no other option to push it through the letterbox.

I am concerned that as I do not have a signature confirming receipt then this could jeopardise this case. Any thoughts would be greatly appreciated.

Thanks in advance,

Margsign



Comments

Neil Patterson

8:28 AM, 29th October 2014
About 4 years ago

Hi Marg,

Have you tried recorded delivery yet as they may not twig it is you.

I am not sure if anyone has tried this but you could take a video on your phone of you posting through the door.

Having said all that it sounds like you may eventually need paul Shamplina's help at Landlord Action see >> http://www.property118.com/member/?id=190

All BankersAreBarstewards Smith

9:03 AM, 29th October 2014
About 4 years ago

prepare another S21 (make sure the dates are right) and hand deliver it - take a mate with you... prepare a Statement of Truth - get the mate to sign a statement of truth saying what he saw - "you ... name ..... posted this S21 letter - addressed to ..... tenants name .... through the letter box of .....address ... on .... date .... at .... time . Get mate to sign the statement... that's proof enough.

Recorded letters.... a canny tenant will refuse to accept it from the postman.... I send 2 separate letters containing a S21 by ordinary post, from different post offices with proof of postage..... no judge will below both went missing in the post as tenants can claim.....

Marg Davies

9:05 AM, 29th October 2014
About 4 years ago

Reply to the comment left by "Neil Patterson" at "29/10/2014 - 08:28":

Hi Neil,
Thanks for your reply. I haven't tried recorded delivery. I read somewhere that it was better to hand deliver as the chances of them collecting it from the post office if they are not in at delivery time time are slim. I can only imagine they do not answer the door to anyone who calls as I understand there are a que of people trying to also get hold of them also.
I spoke to a solicitor and they said to get a bailiff to serve it, however after ringing some bailiff company's they advised that although they would do it that it is not something they normally do as it can be served as a 'drop' through the door and I would be basically just paying them to do something that I could do.
When I originally served the notice I waited outside for a while in case they came out but whilst waiting i sent a text explaining what I had posted........... I still have the text on my phone which confirms that it was delivered to the tenants phone.......
Thanks, Marg

Mark Alexander

9:19 AM, 29th October 2014
About 4 years ago

Reply to the comment left by "Margaret Davies" at "29/10/2014 - 09:05":

Proof of posting (free from any Post Office) is accepted as evidence of service by the Courts.

I don't recommend Recorded or Special Delivery for the reasons you have stated.
.

Chris Sheldon

9:51 AM, 29th October 2014
About 4 years ago

Hi Marg,

As mark has said do not use recorded or special delivery. Only use a proof of postage.

I have had tenants claim they have not received a notice in the past in court however because we had the certificate of posting, which is the legally acceptable proof of sending the notice, our claim for possession was successful.

If you really wanted "belts and braces" then there would be no harm in sending from two different post offices.

Also a tenant does not need to sign a section 21.

I have known statements of truth to be successful as well.

Providing the documentation is correct a claim using the accelerated procedure is a mandatory ground for possession, although i have heard stories of this been dragged out for many months by stubborn/legally savvy tenants.

hope this helps and good luck

Marg Davies

10:31 AM, 29th October 2014
About 4 years ago

Reply to the comment left by "All BankersAreBarstewards Smith" at "29/10/2014 - 09:03":

Many thanks for your reply. I will be preparing a statement of truth and issuing another S21, hopefully later today in hope I can have this person out at my earliest oportunity. Thank you, Marg

All BankersAreBarstewards Smith

10:45 AM, 29th October 2014
About 4 years ago

Marg - do make sure you get your dates right......

Marg Davies

10:50 AM, 29th October 2014
About 4 years ago

Reply to the comment left by "Chris Sheldon" at "29/10/2014 - 09:51":

Many thanks Chris and Mark for your responses!

I am preparing a statement of truth to have witnessed that I have posted the S21 and I am also going to post two others from separate post offices and obtain receipts. I will leave no stone unturned!

I have grounds to issue a section 8 due to arrears, however as the tenancy is due to finish in December i do not want to risk a court hearing with a sob story in which the judge does not return the property to me. I am therefore of the understanding that S21 is the best route and that the arrears should be tackled later.......

Apologies if I come across 'harsh' but this tenant has completely taken the proverbial (going into my local and getting totally inebriated week in week out but cannot pay their rent, amongst other things!)

Many thanks again for all your responses, Marg

Steve Gracey

12:07 PM, 29th October 2014
About 4 years ago

I send an email scanned copy of the S21 to the Homeless officer at the council. Just basically saying I served a S21 on so and so at such time earlier today. I'm sure that this would convince a judge that it had been served.

After all according to the Governement's Guidelines the tenant is now considered Homeless once the S21 is served and intent to proceed is demonstrated by the Landlord. So the council needs to be made aware that they are now responsible.

In my experience they are in contact with each other already and it's more than likely that the bloody council has given them a long list of all the tricks to delay their leaving date.

Andrew Turner

12:14 PM, 29th October 2014
About 4 years ago

Check what the tenancy agreement says about service of notices. It is likely that s.196 Law of Property Act is referred to in the agreement. If so, hand delivery to the property will be effective service and you do not need to worry about the tenant ignoring you, or refusing to acknowledge the notice.

Provided you make a note of the date and time that the notice was served, ideally coupled with a photograph of you delivering the notice through the letter box, you can then satisfy the court that the notice was served.

Good luck.

Andrew
Hughes Paddison Solicitors

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