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Thyrsis
21-04-2012, 07:31 AM
I need to serve an S21 on my tenant who's lease expires early July. He went away for Easter and has not yet returned.
Will the S21 come into effect if I send it, with proof of posting, and he is not there? What happens if it gets to less than 2 months before the end of the tenancy and he has not received it?
Thanks

Snorkerz
21-04-2012, 09:40 AM
Presuming your AST allows service by post, the section 21 will be considered served 2 working days after being sent by 1st clas post.

westminster
21-04-2012, 10:32 AM
It doesn't matter if the T is away on holiday; it does not affect the date of service. Obviously, do not use a signed for postal service; just obtain a free certificate of posting.

Thyrsis
21-04-2012, 12:44 PM
The AST states that notices can be sent by first class post. It also states notices can be delivered by hand. As I live nearby could I post it through his letterbox if I had a witness with me?
Thanks again.

Snorkerz
21-04-2012, 15:25 PM
The AST states that notices can be sent by first class post. It also states notices can be delivered by hand. As I live nearby could I post it through his letterbox if I had a witness with me?
Thanks again.By hand would be fine - if you have a witness there can be no doubt it has arrived. There is a witness statement template in the 'documents' section (you may have to re-register).

Thyrsis
21-04-2012, 16:26 PM
Thanks Snorkerz, that's really useful.
What do I do with the witness statement? Does the tenant get a copy or do I just keep it in case it's needed?

Snorkerz
21-04-2012, 16:47 PM
Just keep it, you'll need it when you apply for possession

Thyrsis
21-04-2012, 17:23 PM
Just keep it, you'll need it when you apply for possession

Which would hopefully only be necessary if the tenant doesn't vacate the property?

westminster
21-04-2012, 18:21 PM
Which would hopefully only be necessary if the tenant doesn't vacate the property?
A s.21 notice is not a notice to quit; it does not end the tenancy nor oblige the T to vacate. It merely entitles you to apply for possession after notice expiry.

If the T vacates at fixed term expiry, it will end the tenancy.

If the T is in occupation at fixed term expiry, a statutory periodic tenancy will automatically arise, replacing the fixed term tenancy. (After that point, the T will be obliged to give notice if he wishes to unilaterally end the tenancy).

If T neither vacates at fixed term expiry, nor serves notice to quit in a periodic tenancy which may arise thereafter, and you wish to unilaterally end the tenancy, then you will have to apply for possession.