john.p.clegg Posted July 8, 2014 Report Share Posted July 8, 2014 Just a quickie,i will shortly have to serve a section 21 notice to quit and want to make things as quick as possible (and fault free )... which would be best recorded delivery or signed for? or other... I know this has to be served with two months notice before the end of the AST agreement and stating the first day after the AST,what are the timescales for proceeding further... I would prefer on-line as the property is 200 miles away,if it does go to court-will the court hearing be in my area (Manchester) or the tenants area ( Gloucester) Thanks in advance John Link to comment Share on other sites More sharing options...
Carryon Regardless Posted July 8, 2014 Report Share Posted July 8, 2014 Better posted with a 'Certificate of Post' with nt signature required. If T's reject or are not available your stuffed for the signature. Allow 3 clear days for delivery, or effectively 'service' of the notice. Use a 'savings clause' in case you have confused dates.or consider the style of S21 that doesn't rely on dates. Many S21's fail due to date errors. Online is good. If all is correct with the S21 and its service a court appearance is rare. Only if there is cause for a defence would there need be a court appearance. The S21 is essentially a no defence repossession notice. The T's can apply for up to 42 days from the court if they can show eviction to cause special hardship, you can argue this down but at 200 miles would you be aware of their true circumstances? Link to comment Share on other sites More sharing options...
Mortitia Posted July 9, 2014 Report Share Posted July 9, 2014 Better still - send 2 separate S21s from 2 separate post offices by 1st class mail and keep the free 'proof of posting certificates'. These are generally accepted by the courts as proof of service. Don't send 'signed for' as tenant may not accept that sort of mail knowing it to be a fine or grim news of some sort. Link to comment Share on other sites More sharing options...
Grampa Posted July 9, 2014 Report Share Posted July 9, 2014 Don't send 'signed for' as tenant may not accept that sort of mail knowing it to be a fine or grim news of some sort. Unless you use Richlist's tip ( i think it was RL) which is to put the letter in a nice amazon box or similar and the tenant thinks they are getting a nice juicy gift for free that has sent to the wrong address. Link to comment Share on other sites More sharing options...
Mortitia Posted July 10, 2014 Report Share Posted July 10, 2014 Yes Grampa sounds like a RL tip but could 'agent provocateur' be argued in court? Link to comment Share on other sites More sharing options...
Grampa Posted July 10, 2014 Report Share Posted July 10, 2014 I hope not as I'm banned from their stores. Link to comment Share on other sites More sharing options...
Mortitia Posted July 10, 2014 Report Share Posted July 10, 2014 Very good LOL !! Link to comment Share on other sites More sharing options...
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