_Chris Posted June 13, 2012 Report Share Posted June 13, 2012 Hi, I need a little help. I've been letting for over 10 years and, up until now, have not had to evict a tenant. I sent a Section 21 Notice to my tenant by recorded delivery on 6th June but according to the Post Office "Track & Trace" service it is still being processed. My question is what do I do if the Tenant fails to sign for it? Chris Link to comment Share on other sites More sharing options...
Grampa Posted June 13, 2012 Report Share Posted June 13, 2012 Unless you get confirmation they signed for it you need to either deliver by hand or send again with proof of postage. If so you may need to change the dates on the s21. Link to comment Share on other sites More sharing options...
_Chris Posted June 13, 2012 Author Report Share Posted June 13, 2012 Thanks, I have proof of postage already. Is that sufficient? Chris Link to comment Share on other sites More sharing options...
Geezah Posted June 13, 2012 Report Share Posted June 13, 2012 Not too sure if that is sufficient. For my scottish properties, I understand that the only two acceptable methods are recorded delivery or hand delivered by the court bailiffs. Link to comment Share on other sites More sharing options...
_Chris Posted June 13, 2012 Author Report Share Posted June 13, 2012 Sorry, I'm confusing myself here. I sent the Notice by recorded delivery. Do I need to concern myself over whether or not the tenant refused to sign for it? Thanks for your patience. Chris Link to comment Share on other sites More sharing options...
Grampa Posted June 13, 2012 Report Share Posted June 13, 2012 Just to clarify did you send just one copy by recorded delivery or two, one by recorded and one with proof of postage? Link to comment Share on other sites More sharing options...
Carryon Regardless Posted June 13, 2012 Report Share Posted June 13, 2012 Chris the knowledgeable LL doesn't send 'to be signed for' as it leaves the T with the option to receive. In you case it may be that the T wasn't at home to sign but how do you know, it may be that you have an informed 'professional' T. The notice sent with a certificate for posting is good. It shows the address and date of despatch. The delivery is then assumed to be 3 days later. Hand delivered is also good, some prefer for this to be witnessed or photographed. When a T goes to Shelter for advice on the notice there is often a letter requesting leniency, excellent for proof of service. Link to comment Share on other sites More sharing options...
_Chris Posted June 13, 2012 Author Report Share Posted June 13, 2012 Just to clarify did you send just one copy by recorded delivery or two, one by recorded and one with proof of postage? Grampa, I just sent one, and that was by recorded delivery. Link to comment Share on other sites More sharing options...
LLAW96 Posted June 14, 2012 Report Share Posted June 14, 2012 Well if they dont sign the notice will be returned to you by the PO and you are back to sqaure one. Even having proof of postage is not always good service as service can be rebutted on evidence. Link to comment Share on other sites More sharing options...
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