PDA

View Full Version : Serving a Section 8 Notice



x_Carly_x
07-12-2011, 13:17 PM
Hi all,

Just a quick one with regards to dates for a Section 8. We served a Section 8 Notice by recorded delivery, the S8 has now lapsed, but the tenant never accepted/signed for the delivery according to the Royal Mail Track and Trace. S8 was also emailed, but no read receipt has been returned. Does this mean the date of issue is invalid?

Thanks,

Carly

Snorkerz
07-12-2011, 13:31 PM
Hi all,

Just a quick one with regards to dates for a Section 8. We served a Section 8 Notice by recorded delivery, the S8 has now lapsed, but the tenant never accepted/signed for the delivery according to the Royal Mail Track and Trace. S8 was also emailed, but no read receipt has been returned. Does this mean the date of issue is invalid?

Thanks,

CarlyEmail no good - even with a read receipt you can't prove it was served at the correct address.

Mail - well anecdotally, some judges will accept that the document has been served - but in reality, it never left the postman's bag so it wasn't served - that's why regular mail is usually recommended - that gets shoved through the door whether the tenant wants it or not.

The usual recommendation is to send 2 regular mail copies from different post offices to avoid claims of 'it never arrived' - after all, the courts use regular mail for legal documents.

I guess it would not be counterproductive to do one of those RD so that if it is signed for, it is irrefutable evidence, but if it's not signed for, you can fall back on the 'regular' one.

Mr/MrsLandlord
07-12-2011, 14:05 PM
Advice I was given was to send from two different post offices and get a proof of postage, the courts have in the past accepted that the documents have been served.

Email no good - even with a read receipt you can't prove it was served at the correct address.

Mail - well anecdotally, some judges will accept that the document has been served - but in reality, it never left the postman's bag so it wasn't served - that's why regular mail is usually recommended - that gets shoved through the door whether the tenant wants it or not.

The usual recommendation is to send 2 regular mail copies from different post offices to avoid claims of 'it never arrived' - after all, the courts use regular mail for legal documents.

I guess it would not be counterproductive to do one of those RD so that if it is signed for, it is irrefutable evidence, but if it's not signed for, you can fall back on the 'regular' one.

x_Carly_x
07-12-2011, 15:15 PM
Hi guys,

Thanks for this, will re-issue Section 8 and send with proof of postage from two different post offices.