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Serving section 21 notice

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  • AskAsk
    AskAsk Posts: 3,048 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    martindow said:
    Amixo3032 said:
    AskAsk said: looks like i need to send the S21 by post.  if i were to put it through the letterbox, how would i get proof that i had done this on a certain day?  would taking a photo of the letter through the letterbox be enough proof?  the photo on the phone would be date stamped?
    If you need to do it via post then record yourself putting it into letterbox , 

    if you have letting agent can’t you get them to serve it via email? 
    If posting it is much better to take the letter to a post office and ask them for a certificate of posting (which is free).  Notice is deemed to be received two working days after posting.

    thank you.  i will send it tomorrow by first class post and get a certificate of posting.  i will also email them a PDF copy so that they are aware that it has been put in the post.  i guess it may be a bit OTT to send them a copy of certificate of posting???
  • The certificate of posting is to prove to court you posted something.  Ignoring the issue that it could be a takeaway menu
  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    edited 10 January 2022 at 6:02PM
    AskAsk said:
    martindow said:
    Amixo3032 said:
    AskAsk said: looks like i need to send the S21 by post.  if i were to put it through the letterbox, how would i get proof that i had done this on a certain day?  would taking a photo of the letter through the letterbox be enough proof?  the photo on the phone would be date stamped?
    If you need to do it via post then record yourself putting it into letterbox , 

    if you have letting agent can’t you get them to serve it via email? 
    If posting it is much better to take the letter to a post office and ask them for a certificate of posting (which is free).  Notice is deemed to be received two working days after posting.

    thank you.  i will send it tomorrow by first class post and get a certificate of posting.  i will also email them a PDF copy so that they are aware that it has been put in the post. No need. OTT. i guess it may be a bit OTT to send them a copy of certificate of posting??? No need. OTT.
    Just post it 1st class and keep the proof of posting. Legally sorted!
    Far more important is making sure the S21 is legally valid.....
    S21 checklist (Is a S21 valid?)



  • AskAsk
    AskAsk Posts: 3,048 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    The certificate of posting is to prove to court you posted something.  Ignoring the issue that it could be a takeaway menu
    indeed.  however, there is 'probable cause' in law.  it is highly unlikely that i would send a takeaway menu to my tenant, and be so concerned that i would get a certificate of posting for it! lol.

    it is however, very likely that it is a section 21 notice as i had already been discussing this with them, with the exit date in March, and that I had emailed a PDF copy of the letter to them after I had posted it.
  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    AskAsk said:
    The certificate of posting is to prove to court you posted something.  Ignoring the issue that it could be a takeaway menu
    indeed.  however, there is 'probable cause' in law.  it is highly unlikely that i would send a takeaway menu to my tenant, and be so concerned that i would get a certificate of posting for it! lol.

    it is however, very likely that it is a section 21 notice as i had already been discussing this with them, with the exit date in March, and that I had emailed a PDF copy of the letter to them after I had posted it.
    You are way over-thinking this. Court will accept the proof of posting. End of.

  • indeed.  however, there is 'probable cause' in law.  it is highly unlikely that i would send a takeaway menu to my tenant, and be so concerned that i would get a certificate of posting for it! lol...
    No doubt true for you but it has been a common tactic of less-than-perfect landlords.  Tenant gets envelope, opens, puzzled, binns it then has no prior warning of landlord eviction actions until court papers arrive.  Yes, really.
  • deannagone
    deannagone Posts: 1,114 Forumite
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    Ooops there was me thinking artful was trying to make us laugh lol. I can be waaaay too simplistic at times.
  • Grumpy_chap
    Grumpy_chap Posts: 18,229 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    AskAsk said:

    it is however, very likely that it is a section 21 notice as i had already been discussing this with them, with the exit date in March, 
    This is probably the most (practically) important thing - so they already know and the S21 is somewhat a formality.  (Very important, none-the-less, but a formality if the tenants are co-operative.)  The response from your previous engagement also gives you the best means of understanding whether this is likely to be a smooth and co-operative process or drag for many months.
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