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Section 21 newbie


kesm

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Hi all, i am issuing a section 21 notice and keen to find out if i need to issue one or two to the two tenants. 

They are a couple.

Also how do i hand deliver it to the mailbox? 

I was thinking to write on the envelope: top left hand side: NOT A CIRCULAR PLEASE READ and top right hand side: BY HAND. Hold the envelope up in front of the main door and then the pigeon hole, so that the address is visible on the envelope and the door and pigeon hole can be seen and take a photo.

Deliver it before 4.30pm the day before it is due (i.e. before the 2 months i am giving).

 

Views? Am I forgetting something?

 

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To either of the named tenants will suffice (where one is no longer present, you would ideally detail both names in full.

Post recorded 'but not signed for' to their last known address. Allow 3 days for postage.

I hand deliver to a tenant also. I ask them to sign my copy. They don't need to, but if they do it is good proof of service. That also demonstrates a 'I mean business' approach.

If no answer a photo of the notice by the front door is worth the effort.

But the P.O. proof of postage is my favourite, come 'proof of service' for court.

 

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There is a number of ways to do this but its not as simple process as just getting the notice to the tenant.

There are numerous reasons now that can make a s21 be invalid or struck out at a possession hearing if it gets that far. Mainly due to a specific document not been previously given to the tenant of the the landlord not being able to prove he did at a court hearing.

Having served dozens upon dozens of section 21 and section 8 notices over the years and being to court dozens of times my method now to serve either notice is to:

Reissue the below document to the tenant(s) at least 2 days before serving the S21

  1. Deposit Prescribed information
  2. Deposit certificate
  3. EPC
  4. Gas certificate
  5. Electrical certificate (EICR)
  6. How to rent guide (latest version)

Ideally post 2 copies to the tenant with a covering letter only listing the enclosed docs. X1 sent 1st class with certificate of postage. x1 copy sent 1st class signed for.

Then a couple of days later post 2 copies of the s21 by the same method as above without any covering letter.

The courts and numerous various judges I have been in front of have always accepted that method without question. The advantage of using this method it avoids having to complete a certificate of service form and detailing who hand delivered it, when , time  and other info etc etc because you have the 2 post office certificates as proof of service.

The reason I always send/serve 2 copies because a sharp tenant/solicitor could argue it wasn't received as the post service is cobblers at the moment but that is a tough argument if 2 copies were send/served. 

 

 

 

 

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  • 2 weeks later...
On 4/24/2024 at 1:05 PM, Grampa said:

There is a number of ways to do this but its not as simple process as just getting the notice to the tenant.

There are numerous reasons now that can make a s21 be invalid or struck out at a possession hearing if it gets that far. Mainly due to a specific document not been previously given to the tenant of the the landlord not being able to prove he did at a court hearing.

Having served dozens upon dozens of section 21 and section 8 notices over the years and being to court dozens of times my method now to serve either notice is to:

Reissue the below document to the tenant(s) at least 2 days before serving the S21

  1. Deposit Prescribed information
  2. Deposit certificate
  3. EPC
  4. Gas certificate
  5. Electrical certificate (EICR)
  6. How to rent guide (latest version)

Ideally post 2 copies to the tenant with a covering letter only listing the enclosed docs. X1 sent 1st class with certificate of postage. x1 copy sent 1st class signed for.

Then a couple of days later post 2 copies of the s21 by the same method as above without any covering letter.

The courts and numerous various judges I have been in front of have always accepted that method without question. The advantage of using this method it avoids having to complete a certificate of service form and detailing who hand delivered it, when , time  and other info etc etc because you have the 2 post office certificates as proof of service.

The reason I always send/serve 2 copies because a sharp tenant/solicitor could argue it wasn't received as the post service is cobblers at the moment but that is a tough argument if 2 copies were send/served. 

 

 

 

 

Thank you, Do You also email them the above docs and the section 21 notice? 

Also I have a tenancy agreement that has two named individuals on it. Do I send a form 6a to each tenant, i.e. one form to one tenant and one to the other  one?
Or one form and put both the tenants' names on the form?

Is a  certificate of service form N215 a paid for form?

Thanks so much for your insight. 

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You can email them as well and get a delivery receipt and read receipt. However personally I wouldnt solely rely on this alone but with 2 copies also posted there would be no wriggle room to denie recieving them.

I have previously served doc's on all the tenants individually but unsure if this is neccessary. Nowadays I just address the letters to both tenants and it hasnt caused a problem. 

Most eviction hearings I have been to the judge will normally accept paperwork at facevalue, its only if they have a soliciter or Shelter rep (rarely happens) who also attend and try to pick holes in the paperwork, service etc it may get a bit iffy.    

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