Landlord Section 21

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UK44 | 20:58 Sun 15th Dec 2013 | Law
4 Answers
I have served a section 21 b notice on my tenants and the 12 month tenancy expires at the end of Feb 2014 so the notice coinsides with the same date. I sent it as a recorded letter but it has been retured to me as the tenants were not in when the post man tried to deliver it and they then failed to collect it from the post office. I have since pushed a copy through the letterbox with a letter just in case they had problems collecting it and I asked if they would be so kind as to confirm to me in writing that they have received it. That was over three weeks ago and I have had nothing back. As a first time landlord I just wanted to make sure I am doing everything right in case they don't leave in Feb and I have to take them to court to do so. My alternative is to book an inspection of the property so I can discuss this with them directly, but then again it would only verbal so I would be able to prove it? Any advice would be greatly received. Joanne


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You should check that your lease contains the clause that legal documents can be served by recorded letter
and then try again

otherwise it is the long wait outside the house
and remember to give the notice to the person named in the notice.

ONCE you have successfully served it - you can ask towards the end Jan or Feb when they are gonna go
but until then you are basically stuffed.

The law/system is meant to work like this
after all they are paying the rent arent they ?
I have served a section 21 b notice on my tenants ....

actually you have only tried to serve.... you haven't served it yet
you have to bust a gut to serve it before Dec 31st or else as you have read., if later, you can only act after Mar 31st.

It is a s21 notice and so the upside is, once the notice is served and the summons for the hearing - the judge MUST give you possession. It sounds as tho your tenants know this

Look at these two:

They both have something to say about service. Note that you can send it by ordinary post if you get a certificate of posting, or put it through the door if you have an independent witness who then completes a witness statement.

However, it is probably best in the circumstances if you can catch the tenants while they are in & hand it to them (it must be given to the tenant - or one of them - named on the tenancy). Best to have a witness to this as well. Make sure you keep a copy of the notice.

I assume you have a right under the tenancy agreement to visit and inspect the property. You could contact the tenant without saying anything about the S 21 notice and ask to visit by giving whatever number of days notice the agreement requires, & make sure they'll be in when you go.

You just need to get proof of posting (which is free at any post office). Send two identical letters and get proof of posting for both. A Judge (if it went to Court) would accept that one letter might have gone astray but not two.

Another alternative, or as well as the above, is to have a witness as you put the letter(s) through the letterbox.

If you do all the above, you'll be covered - belts and braces!

Sounds like you'll be going to Court anyway though as it seems like you've got 'difficult' tenants.

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Landlord Section 21

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