21 NOTICE

[diehard]

Hello good people

in the event i have to serve another section 21 notice i thought i would get some possibly important information from this forum

1) if i post letter and get prove of postage - the tenant can say the letter was empty

2) if i send registered letter - tenant can refuse to sign for it

3) if i post through door even with a witness the tenant can still advise a solicitor they did not recieve the notice

delivering by hand with witness seems the best option but if the tenand tells a solicitor they were not served the notice the solicitor will question the serving of it in the defendants defence papers thus casting doubt on the actual serving of the notice - what happens? - will this delay repossession - will the case be heard in court and not just by a judge under the accelerated procedure and will i and the witness need to attend court to give evidence. all extra delay and expense

any comments and advise greatly appreciated by a confused disillusioned learner

[fleming]

Id post it through the door and get it witnessed, if you can't get tenant to sign for it when hand delivered. Next time round, when you start a new tenancy agreement, serve the section 21 notice at the same time and get the tenant to sign for it. That way if you don't want them to stay more than the 6 months you have already set the ball in motion. If the tenant won't budge then you can go straight in to the Accelerated Procedure and don't have to fret about whether the notice was served properly or not. You have my sympathy!

[diehard]

THANKS FOR ALL THE HELP FOLKS

i only need one more thing sorted out - as the tenancy stated rent was to be paid every 4 weeks in advance do i have to give two calender months notice or will it be for 2 x 4 weekly periods with the possession date being the day before the rent would normally be due again

for your assistance tenancy ran from 5th january to 5th july

if two calender months is required i worked this out as being able to start the notice given as the 5th august with an expiry date of the 4th october 2006

if i only have to give 2 four weekly periods i work this out as being able to start the notice on the 2nd of august and the expiry date would be the 26th september

so is it a full two months calender -- or 2 full months periodic

again your help gratefully appreciated

[fleming]

Is it just a coincidence that your 4 weekly periods end on 5th July? It sounds like monthly to me. You don't want your eviction to fall down on not serving the notice properly, so err on giving more notice than is legally required. If it is monthly the notice has to be 2 months, expiring on the 4th. If it is four weekly and for example started on a Mon, then the notice has to be 8 wk expiring on a Sun.

[diehard]

thanks for all the help - i have an appointment with the newcastle housing advice centre who give aid to tenants and landlords alike,i am sure they will guide me through this delicate world of legal notices.

john

[jam]

2 months notice is required. Notice must end on the last day of the period of tenancy. Ensure your notice includes the "savings clause" - so if you get the dates wrong you are covered. Notice must containe perscibed information. Use the notice requiring possession for periodic tenancy - section 21 notice.