diehard Posted July 3, 2006 Report Share Posted July 3, 2006 i have issued a notice 21(1)( to my tenant - she has refused to move out of the property as promised and with 3 days to go i have recieved a letter from her solicitor. he has asked me for a copy of the notice to quit. surely his client should of shown him her copy. anyway over this weekend i forwarded to him a copy of the notice given. but over this same weekend my mind has asked the same question,why did the tenant not show him her copy of the notice to quit, now i am starting to worry i may have made some mistake in the notice to quit and they are going to exploit this - or has the tenant told the solicitor she did not recieve this notice - thus slowing the repossession process down. if she has declared she did not recieve this quit notice where do i stand (it was posted through her door - thus hand delivered) can i issue her with a second notice as a back up - or should i wait to see how things progress as i have adviced the solicitor that i would wait 7 days before starting a repossession order through the courts - so he can advice his client - this delay on my part due to the solicitor agreeing that his client has no rights and will eventually have to move out. has anyone out there a full copy of the section 21 notice they could send me to see if i have done my notice correctly - any advice would be welcome thank you for both reading and responding to this post. Link to comment Share on other sites More sharing options...
F-Prop Posted July 4, 2006 Report Share Posted July 4, 2006 Hi There, Just been on a training course about this so I'm all clued up! Did you have a witness to the delivery of the letter? The correct ways to serve it either deliver by hand with a witness, post first class and then get a proof of posting (do not send recorded delivery as the tenant can just refuse to sign it and therefore it hasn't been delivered) or finally you can deliver face to face and get the tenant to sign. Remember you need a S21(1)( if it's still during the fixed term or S21(4)(A) if it's not. To be honest it sounds like your tenant is going to claim she never got it, so you may have to serve it again and start from scratch - sorry! Trevor. Link to comment Share on other sites More sharing options...
diehard Posted July 5, 2006 Author Report Share Posted July 5, 2006 hi Trevor thanks for your reply, i think your right, i posted the section 21 but did not get a reciept so she is possibly going to claim she did not recieve it. thanks for your help. john Link to comment Share on other sites More sharing options...
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