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,
Marg
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Member Since October 2014 - Comments: 13
12:20 PM, 29th October 2014, About 11 years ago
Reply to the comment left by “Steve Gracey” at “29/10/2014 – 12:07“:
Thanks for your reply Steve. I have been in touch with the council as I was told HB was stopped and was confirmed. The council were of the opinion I should evict…….what they say to me could be very well different to what they tell them! This person is also unable to have a council property, as I found out when I explored this as an option!
If I send a S21 copy to the homeless officer does this not work against you in that they have more time to drag out an eviction or does it work in your favour that you have tried to help them….?
Thanks Marg.
Member Since July 2013 - Comments: 1434
12:37 PM, 29th October 2014, About 11 years ago
Reply to the comment left by “Margaret Davies” at “29/10/2014 – 10:50“:
Speak to a solicitor, but I would suggest a section 8 with notice period that expires at the same date as the S21. You can then deal with the posession and financial judgement at the same hearing (I believe).
Also, have you spoken to the council to find out if tenant is receiving housing benefit? If tenant is receiving housing benefit, then you may be able to get it paid to you directly to reduce your losses.
Member Since October 2014 - Comments: 13
1:12 PM, 29th October 2014, About 11 years ago
Reply to the comment left by “Michael Barnes” at “29/10/2014 – 12:37“:
Thanks for your reply Michael.
I have spoken to the council and unfortunately the tenants HB has been stopped.
Thanks, Marg
Member Since October 2014 - Comments: 13
1:17 PM, 29th October 2014, About 11 years ago
Reply to the comment left by “Andrew Turner” at “29/10/2014 – 12:14“:
Thanks for your reply Andrew.
I have checked the TA but unfortunately I cannot see any reference about service of notices! There appears to be everything else from sweeping the path to rent arrears but no mention of notice.
Thanks, Marg
Member Since November 2013 - Comments: 342 - Articles: 1
1:17 PM, 29th October 2014, About 11 years ago
Reply to the comment left by “Margaret Davies” at “29/10/2014 – 13:12“:
did the council say why ?
Member Since October 2014 - Comments: 13
1:21 PM, 29th October 2014, About 11 years ago
Reply to the comment left by “All BankersAreBarstewards Smith” at “29/10/2014 – 13:17“:
Yes, as their name is on a mortgage at their former home and has a large amount of capital……….
Member Since November 2013 - Comments: 342 - Articles: 1
1:39 PM, 29th October 2014, About 11 years ago
so have they been submitting a fraudulent housing benefit application ? if they owe you a lot of money I guess you could put a charge on their house and you may get some funds when the house is sold…..
Member Since October 2014 - Comments: 6
1:57 PM, 29th October 2014, About 11 years ago
If the TA is silent about service of notices, you are left with the common law position which is that it is up to the party serving the notice to prove to the court that, on the balance of probabilities, the receiving party saw the notice. It does not require you to prove that the tenant definitely saw the notice. It is a ‘balance of probabilities’ test. Usually, by hand delivering a notice to an address where the tenant is living, you are going to be able to satisfy that test. It is when you post a notice that the situation becomes much murkier and more difficult.
Andrew
Hughes Paddison Solicitors
Member Since October 2014 - Comments: 13
2:06 PM, 29th October 2014, About 11 years ago
Reply to the comment left by “All BankersAreBarstewards Smith” at “29/10/2014 – 13:39“:
I’d never thought of that. They didn’t say whether there had been a fraudulent claim but they were quite strong in their opinion that I should evict!
Member Since October 2014 - Comments: 13
2:08 PM, 29th October 2014, About 11 years ago
Reply to the comment left by “Andrew Turner” at “29/10/2014 – 13:57“:
Thank you Andrew. To ensure I have all bases covered i am going to send a new one ensuring I have enough proof so nobody can say any different!
Thanks Marg