possession of property S21

Guest101

Lord_Baltimore wrote: »

I'm only biased against poor advice .

When commenting on the forum impartiality is my watchword.

well i've seen some examples...

But to be fair, sometimes you are neutral too.

Either way, i think the OP would save time just re-issuing the section 21.

NYM

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?

Have your tenants provided a copy of the s21 to the Council?
If they have, maybe it could prove that it was served...

Pixie5740

Is it possible the tenants want to be rehoused by the council so are therefore quite happy to go along with the eviction?

mandm65

NYM wrote: »

Have your tenants provided a copy of the s21 to the Council?
If they have, maybe it could prove that it was served...

Well, thats what i thought but Guest101 said NO this cannot be used as evidence?
Can we ring the council and ask them if they have received the notice?

jjlandlord

mandm65 wrote: »

Well, thats what i thought but Guest101 said NO this cannot be used as evidence?

Ah if an unknown person going by the name of "Guest101" on a public internet forum said so then it must be true... or not.

You must provide a certificate of service along with evidence if you have any.
It is for the court to decide who to believe on the balance of probabilities based on the evidence presented.

If your tenant claims that he never got any notice by you show a document proving otherwise, it is not difficult to imagine what the court might conclude.

However, I doubt that the council will share anything with you, especially in writing.

benjus

jjlandlord wrote: »

Ah if an unknown person going by the name of "Guest101" on a public internet forum said so then it must be true... or not.

To be fair, the letter in question was written from the council to the OP asking the OP to give the tenants 2 months' notice. It seems a bit of a stretch to use this as evidence that such notice was subsequently sent and received.

Something in writing from the council referencing the tenants' receipt of the S21 notice would be a different matter.

Guest101

mandm65 wrote: »

Well, thats what i thought but Guest101 said NO this cannot be used as evidence?
Can we ring the council and ask them if they have received the notice?

I didnt say that. You asked:
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?

I said no, your earlier letter is meaningless when it comes to correctly issuing a section 21 notice.

Would the judge consider it? Sure. But tenant equally could say, we spoke to the landlord and they changed their mind.

Or we spoke to the council and they said the LL would be issuing a section 21 notice, so we waited for this.

Can you submit the letter? sure, but all it says is the council is telling you that a section 21 must be issued, not that it has been issued.

jjlandlord wrote: »

Ah if an unknown person going by the name of "Guest101" on a public internet forum said so then it must be true... or not.

You must provide a certificate of service along with evidence if you have any.
It is for the court to decide who to believe on the balance of probabilities based on the evidence presented.

If your tenant claims that he never got any notice by you show a document proving otherwise, it is not difficult to imagine what the court might conclude.

However, I doubt that the council will share anything with you, especially in writing.

You are correct, but i didnt say the above. I suspect that the DPA will prevent the council sharing this information. I suspect even if it doesnt, but the council think it will delay the eviction and thereby the need for social housing, they might/would say the DPA prevents this.

benjus wrote: »

To be fair, the letter in question was written from the council to the OP asking the OP to give the tenants 2 months' notice. It seems a bit of a stretch to use this as evidence that such notice was subsequently sent and received.

Something in writing from the council referencing the tenants' receipt of the S21 notice would be a different matter.

Agreed, but as above i think they wont give the OP this.


I think it's getting silly, notice could've been issued today and job done. Instead the suggestions are the OP 'tries his luck' in court. As if i have some agenda to mess the OP about. All i've suggested is having stronger evidence
(last paragraph is more a general comment and not aimed at you Benjus)

cr1mson

If tenants are keen to get evicted surely you could just get them to sign something confirming receipt and enclose copy as evidence?

Lord_Baltimore

cr1mson wrote: »

If tenants are keen to get evicted surely you could just get them to sign something confirming receipt and enclose copy as evidence?

I think Pixie suggested this too.

thesaint

You need court form N215