Section 21 newbie

[kesm]

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?

 

[Carryon Regardless]

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.

 

[Grampa]

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.