PDA

View Full Version : Serving a section 21



jayneypo
12-05-2010, 09:25 AM
Hi guys,

I have just served my first section 21 to my tenants and would just like to know if they need to confirm to me that they have received and understand this. Or do I just expect them to move out on the specified date (2 months after next rent date)
Cheers
Jayne

thesaint
12-05-2010, 10:36 AM
Hi guys,

I have just served my first section 21 to my tenants and would just like to know if they need to confirm to me that they have received and understand this. Or do I just expect them to move out on the specified date (2 months after next rent date)
Cheers
Jayne

No they don't need to confirm that they have received it.
More important is how it was served by you, and what proof you have that you served it.

You expect them to move out, but they may not.
If they don't, you can ask them why, but ultimately you would need a court order and bailiffs to remove them if they dig their heels in.

P.Pilcher
12-05-2010, 11:42 AM
If they dig their heels in then as stated above you will be obliged to take court action to regain possession of your property. Part of this process will be to prove to the satisfaction of a judge that your tenants have received the correct period of notice by providing proof that your notice was served on the date that you claim.
If you use recorded delivery or some other mechanism that requires the tenant to sign a document acknowledging receipt of the envelope containing your notice document, the tenant can be clever by guessing what the envelope contains and then refuse to sign for its receipt! So you either take the document with an independent witness, and put the envelope through the tenant's letterbox so that the delivery can be witnessed, or you use ordinary post. Here you post two copies of the notice certificate to your tenant's address from two separate post offices, obtaining a certificate of posting in each case. Hopefully the judge will hold that although the post may fail with one delivery, failure with two independent deliveries is extremely unlikely. Don't forget that in this case you need to make allowance (three working days) for the postal delivery to take place when calculating the expiry date of the notice period.

P.P.

jimdunn
16-05-2010, 10:35 AM
If they dig their heels in then as stated above you will be obliged to take court action to regain possession of your property. Part of this process will be to prove to the satisfaction of a judge that your tenants have received the correct period of notice by providing proof that your notice was served on the date that you claim.
If you use recorded delivery or some other mechanism that requires the tenant to sign a document acknowledging receipt of the envelope containing your notice document, the tenant can be clever by guessing what the envelope contains and then refuse to sign for its receipt! So you either take the document with an independent witness, and put the envelope through the tenant's letterbox so that the delivery can be witnessed, or you use ordinary post. Here you post two copies of the notice certificate to your tenant's address from two separate post offices, obtaining a certificate of posting in each case. Hopefully the judge will hold that although the post may fail with one delivery, failure with two independent deliveries is extremely unlikely. Don't forget that in this case you need to make allowance (three working days) for the postal delivery to take place when calculating the expiry date of the notice period.

P.P.

Hi P. Pilcher

In your post (red) you say a landlord must prove a tenant has received the correct period of notice by providing proof that your notice was served on the date that you claim.
Our tenancy ends on the 28th July 2010, after which date we require possession of the house. My question is:

On the Section 21, can we write the Date this NOTICE is SERVED the 27th May 2010, even though our tenant will actually recieve it through the door a few days earlier, on the 23rd or 24th May 2010 for example?

We will be sending two notices first class post from different post offices, and obtain proof of postage. The proof of postage will probably read the 21st or 22nd May 2010.

Thanks in advance
Jim

tom999
16-05-2010, 11:19 AM
On the Section 21, can we write the Date this NOTICE is SERVED the 27th May 2010, even though our tenant will actually recieve it through the door a few days earlier, on the 23rd or 24th May 2010 for example?Yes, providing:
* The s.21 notices were sent by first class post 25 May 2010, before 5pm, it would be deemed served the second day after posting.
* A minimum of 2 months notice is given, e.g. expiry: "after 28 July 2010".
* Any protectable deposit is protected.

jeffrey
16-05-2010, 16:26 PM
Yes, providing:
* The s.21 notices were sent by first class post 25 May 2010, before 5pm, it would be deemed served the second day after posting.
* A minimum of 2 months notice is given, e.g. expiry: "after 28 July 2010".
* Any protectable deposit is protected.
...and provided that, if the property is a licensable HMO, it is licensed by the Local Housing Authority.

jimdunn
16-05-2010, 19:34 PM
Thanks for your replies tom999 and jeffrey,

Jeffrey, I'm not sure what HMO means, can you explain?

The house in question is a private dwelling with a mortgage. It is not let through a Local Housing Association.

Jim

Snorkerz
16-05-2010, 19:51 PM
Thanks for your replies tom999 and jeffrey,

Jeffrey, I'm not sure what HMO means, can you explain?

The house in question is a private dwelling with a mortgage. It is not let through a Local Housing Association.

Jim

HMO = House in Multiple Occupation - very simply a property occupied by 3 or more persons forming 2 or more families. Some properties of this description need to be licensed by the local authority.