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Evergreen
14-12-2011, 17:50 PM
Good evening

I've tried to evict a tenant.

But i didnt have proof of serving the s21.

There's a hearing in April 2012 (long delays nowadays).

Could I serve a new S21 expiring in over 2 months, with proof of receipt and use this one at the hearing?

Or will the judge insist that a new eviction should have started, as on the n5b form, we have the old s21 dates on there.

Thanks.

Snorkerz
14-12-2011, 18:46 PM
You have to give 2 months notice before you can commence court proceedings. An s21 issued now can not be served 2 months before a case thats already started!

I would serve a new s21 in case this hearing fails, but you may be able to submit a statement as proof of service - It has worked in the past but no guarantees.


In the MyTown County Court -- Claim Number MT0982011

Claimant: Mr E Green (landlord)
Defendant: Mr N Otwanted (tenant)

I hereby declare that the section 21 notice attached was served by myself on xx/xx/2011.

Statement of Truth

I believed that the facts stated in this document are true

Signed______________________________ Claimant

Date________________________________

Evergreen
14-12-2011, 19:57 PM
Thank you snorkez

Can i wait for that hearing in April

And start a new eviction after the new section 21 expires

So in affect have two evictions running at the same address for the same person? (just in case the April hearing goes against me)

Thanks

thesaint
15-12-2011, 16:03 PM
Could I serve a new S21 expiring in over 2 months, with proof of receipt and use this one at the hearing?



You don't need proof of receipt, you need proof of service.




Or will the judge insist that a new eviction should have started, as on the n5b form, we have the old s21 dates on there.

Thanks.

You won't be able to use new paperwork with an old claim, but Snorkerz has given you advice as to what to do at the current hearing.