possession of property S21

mandm65

I am applying through the court to get the possession of the property. On the claim form it asked for the copy of proof the notice was served - marked 'C1'. I don’t have proof of notice, does this mean that my claim is invalid and I could not apply?
Thanks in advance for your input.
cheers

Kynthia

I think you can apply but if the tenant disputes receiving the notice or says it was served late you won't be able to prove otherwise.

Guest101

mandm65 wrote: »

I am applying through the court to get the possession of the property. On the claim form it asked for the copy of proof the notice was served - marked 'C1'. I don’t have proof of notice, does this mean that my claim is invalid and I could not apply?
Thanks in advance for your input.
cheers

If the tenant says they never received notice, and you cant prove you sent it...

mandm65

Guys thanks for your input

I think its a fair point that i could not prove that they received the notice.
Unsure how useful this below is, I believe they are HB tenants and when i told them to vacate the property, also by post, they went to the council and council wrote to us asking us to give them 2 months’ notice. We then served them S21, they told us that the council will not rehouse them until we give then s21.
Unsure if above add any substance to the case, would the judge consider that they receive the earlier notice so why would not they receive the subsequent notice?
Can we submit the letter received from the council as evidence?

molerat

The letter from the council only proves that you were asked to serve an S21, nothing else. Without proof of service, which is so easily obtained, it is he said, she said and no magistrate would use that as evidence. Is the tenant disputing the notice ? If so you need to start again and this time do it properly.

Guest101

mandm65 wrote: »

Guys thanks for your input

I think its a fair point that i could not prove that they received the notice.
Unsure how useful this below is, I believe they are HB tenants and when i told them to vacate the property, also by post, they went to the council and council wrote to us asking us to give them 2 months’ notice. We then served them S21, they told us that the council will not rehouse them until we give then s21.
Unsure if above add any substance to the case, would the judge consider that they receive the earlier notice so why would not they receive the subsequent notice?
Can we submit the letter received from the council as evidence?

No.

Your letter is meaningless.

You cant tell them to vacate. They 'own' the property. The ONLY way to end a tenancy, by you, is through the courts. The only way to go to court, with a no-fault claim, is a correctly issued section 21.

Lord_Baltimore

It is probably also worth bearing in mind mandm65 that any advice you receive from a forum like this might be heavily weighted in its point of view.

I'm sure you are aware that the forum is used by both Landlords and Tenants, some with very strong opinions and bias, so when considering the advice offered use it to supplement your own judgement to decide what has value and what needs to be taken with a pinch of salt.

mandm65

Thanks Lord Baltimore for your input, yep i agree that one must use their own judgement when making a final call. I rang couple of solicitors to discuss the merit of my case, they did not raise any concern that i did not have proof of posting my S21? I guess there must be a way round to this?
Cheers

Nobbie1967

mandm65 wrote: »

Thanks Lord Baltimore for your input, yep i agree that one must use their own judgement when making a final call. I rang couple of solicitors to discuss the merit of my case, they did not raise any concern that i did not have proof of posting my S21? I guess there must be a way round to this?
Cheers

They probably just see it as a chance to earn double fees as the first attempt will fail if the tenants disputes receiving notice.

Guest101

mandm65 wrote: »

Thanks Lord Baltimore for your input, yep i agree that one must use their own judgement when making a final call. I rang couple of solicitors to discuss the merit of my case, they did not raise any concern that i did not have proof of posting my S21? I guess there must be a way round to this?
Cheers

Lord Baltimore is equally biased but anyway that's not really relevant.

It's simple.

If the tenant says you never issued notice, the court will likely throw out your claim. They are making someone homeless, so whilst they cannot say no if all the paperwork is correct, they can and will if it's not.

Your letter is meaningless. Since you cannot end the tenancy except via court. You made a request, it was refused.

Solicitors fees aren't reclaimable as costs in such cases. So you will end up paying over the odds. Rather than just issue a 2 months section 21 notice, to start on Friday.

In fact if your willing to pay for solicitors, you may as well pay the tenants to agree a surrender with you. Save time (and some money)

Lord_Baltimore

Guest101 wrote: »

Lord Baltimore is equally biased but anyway that's not really relevant.

I'm only biased against poor advice .

When commenting on the forum impartiality is my watchword.