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gripton
25-02-2010, 12:38 PM
I have sent out tenants the sec 21 notice by special delivery. I know that the postman left a calling card as have checked the Royal Mail system. The tenant called this morning to ask what was in the special delivery (i assume that the calling card must have the sender details on aswell). Tenant has been told it contains the notice.
Is this sufficient for us to have served the sec 21 notice on her or do we need to actually make sure it is in her hand? I am slightly worried as she did say on the ohone she wont find anywhere else to live in 2 months (I need the property back to live in myself!)

Thankyou in advance

tom999
25-02-2010, 13:12 PM
The disadvantage of serving notice by a 'signed for' delivery service, e.g. recorded or special delivery, is the tenant may claim not to be in or just not sign for it.

Better to send two identical notices from two separate post offices, and retain a free certificate of posting. An alternative method is to serve in person using an independent witness.

gripton
25-02-2010, 13:15 PM
Thanks for that. So if I send another notice recorded and she does not sign for/pick this letter up will the courts see this as delivered? Or is it best to send it normal post so no one has to be there to accept?

tom999
25-02-2010, 13:16 PM
Or is it best to send it normal post so no one has to be there to accept?Yes, as in post #2, with free cert. of posting.

westminster
25-02-2010, 14:21 PM
I have sent out tenants the sec 21 notice by special delivery. I know that the postman left a calling card as have checked the Royal Mail system. The tenant called this morning to ask what was in the special delivery (i assume that the calling card must have the sender details on aswell). Tenant has been told it contains the notice.
Is this sufficient for us to have served the sec 21 notice on her or do we need to actually make sure it is in her hand?
No, it is not sufficient. With a signed-for service, the item must be signed for (preferably by the addressee) in order to be deemed served.

Do as tom999 suggests and send two identical copies from two different post offices on the same day. Use first class post and ask for a free certificate of posting (which requires no signature on delivery). The notice will be deemed to be served two days after posting first class, so allow for this in the s.21 notice date.

Also keep a photocopy of the notice for your own records, together with the two certificates of posting.