serving section 21 notice

pebblespop

i am thinking of serving a section 21 notice - will get a solicitor to help me.

was just wondering - if i send it recorded delivery and the tenant doesn't sign for it or collect from post office ect. does it matter?

i can imagine he would avoid 'receiving' the notice.

if i keep the proof of posting, does it still count as being served?

if it doesn;t count how else can i get the tenant to recieve it? if i hand deliver he might deny receiving it.

bdl1brick

How about hand deliver to tenant in person and get someone to come with you as a witness?

pebblespop

just checked the AST and it says the notice is deemed to be served if sent by recorded delivery - that is ok but what if he ignores it and doesn;t even realise he should be moving out.

anyone know how long it takes for the courts to take action? also what happens after court action.

Jowo_2

pebblespop wrote: »

just checked the AST and it says the notice is deemed to be served if sent by recorded delivery - that is ok but what if he ignores it and doesn;t even realise he should be moving out.

anyone know how long it takes for the courts to take action? also what happens after court action.

Many S21s fail because the landlord has completed the dates incorrectly and haven't served it properly. Landlordzone has excellent information on how to do this, plus you can raise your queries on their forum (they have housing solicitors as members). Therefore a high number of cases get tossed out at court and the landlord has to start from scratch again.

From memory of similar posts there, I believe that the tenants action to try and thwart the notice by not signing for their mail is a waste of time on their part because the landlord only has to prove that its been served, not that the tenant has collected or read it. Get this verified and double, triple check your S21 before its despatched.

pebblespop

Jowo wrote: »

Many S21s fail because the landlord has completed the dates incorrectly and haven't served it properly. Landlordzone has excellent information on how to do this, plus you can raise your queries on their forum (they have housing solicitors as members). Therefore a high number of cases get tossed out at court and the landlord has to start from scratch again.

From memory of similar posts there, I believe that the tenants action to try and thwart the notice by not signing for their mail is a waste of time on their part because the landlord only has to prove that its been served, not that the tenant has collected or read it. Get this verified and double, triple check your S21 before its despatched.

thanks for that. i will get a solicitor involved before sending it.

anyone know what happens when the tenant does not move out by the correct date?

i imagine this guy will try to hang on to the end to cause trouble.