Section 21 notice advice please

Section 21 notice advice please

8:24 AM, 29th October 2014, About 7 years ago 30

Text Size

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

by Marg Davies

14:11 PM, 29th October 2014, About 7 years ago

Thank you everyone for your replies. The comments have been invaluable and all i can say is that I will hopefully have this one 'banged to rights' and out of my property sooner rather than later!
Thank you, Marg.

by Andrew Turner

14:42 PM, 29th October 2014, About 7 years ago

Good luck - let us know once you have the keys back and can celebrate!

by David Asker

20:50 PM, 29th October 2014, About 7 years ago

For info we can serve the papers if required. If you contact me directly I'm happy to discount a member of Property 118.

I would also take a look at my very recent article on speedy tenant eviction. Getting s42 sorted at this stage is usually a given whether you end up using an HCEO or not.

David
The Sheriffs Office

by wanda wang

20:58 PM, 29th October 2014, About 7 years ago

Before serving Section 21 notice, make sure you put deposit in the government backed scheme, and given the correct information. I served section 21 notice, and later found out I didn't attach Terms and conditions, so my section 21 is in invalid, I had to re-served section 21 notice..

by Eviction Group

14:00 PM, 30th October 2014, About 7 years ago

Just to throw my hat in the ring, if our clients do not want to use a professional process server we serve by standard Royal Mail with proof of postage. For the reasons already mentioned we never use signed for mail.
Court Form N215 Certificate of Service will need to be completed if proceedings are issued. This details how the notices were served are contained within and statements or affidavits can be attached.
Although not a requirement we prepare a statement outlining the reasons for the application and producing to the court affidavits and certificates/proof of postage etc. Just setting the stall out as it were.
We did have a case where the tenant denied having received the notice, even though they signed an acknowledgement form in the agents office which was witnessed and produced to the court.
A hearing was listed and the tenant denied it was his signature or that he had ever attended the agents office after the commencement of the tenancy.
Thankfully His Honour did not accept the story and possession was granted
.
Moral of the story is that some tenants will argue night is day even in court, so make sure, as others have already said you get it spot on or get profesional help.
Hope it works out for you.

by Tessa Shepperson

9:21 AM, 1st November 2014, About 7 years ago

For service of notices, hand delivery is best if possible, with an independent witness. For example a neighbour. People can also use Local Authority TROs and I have known landlords have the police with them as witness. Don't use a relative or close friend.

If you do not live near the property or are worried about a confrontation, bear in mind that you can use a process server to do this for you.

They will generally provide a certificate of service with their report which will be accepted by the court.

They usually charge around £70 - £100. Private investigation companies will generally do process serving work - you can find them on the internet.

by Steve Gracey

14:29 PM, 6th November 2014, About 7 years ago

Reply to the comment left by "Margaret Davies" at "29/10/2014 - 12:20":

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….?

I would tell the Homeless Officer in the same email that you are going for the High Court Enforcement option right from the start to ensure a speedy no notice eviction. This means that the council can't give them the standard illegal advice to play the system out for a few months with their delaying tactics.

by Marg Davies

12:47 PM, 18th February 2015, About 6 years ago

Reply to the comment left by "Andrew Turner" at "29/10/2014 - 14:42":

Sorry for the delay in updating Andrew, I was rushed into hospital and have since had two major operations 🙁
Anyway, I got my solicitor to issue a section 8 and we went to court last week. The tenant wanted a lengthy period from the judge to find somewhere else but was given 14 days! It's taken a while but I can finally see light at the end of the tunnel!
Marg

by Marg Davies

13:01 PM, 18th February 2015, About 6 years ago

Thank you for everyone's comments and apologies for not updating sooner but due to ill health and surgery i have been trying to focus on my health.
Anyway, back to the section 21 notice. The tenant confirmed receipt by text explaining they had been advised by their solicitor not to sign it which I believe they thought they could delay matters! A section 8 was then issued and we were in court last week. The judge awarded me a possession order and the tenant was to leave within 14 days even though they wanted 42 days. I have yet to get my keys back but I can finally see light at the end of the tunnel. It may have been a long drawn out process but ensuring I had everything in order proved to be beneficial in this case. However, once I get my keys back I am tempted to sell up and not go down this route again, however I'll see how i feel about things once the dust has settled! Marg 🙂

by Andrew Turner - Hughes Paddison

16:04 PM, 20th February 2015, About 6 years ago

Reply to the comment left by "Marg Davies" at "18/02/2015 - 12:47":

Pleased to hear about the property Marg. I hope too you are on the mend.

All the best, Andrew


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

BECOME A MEMBER