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  • Legal FAQs

    Section 21 with strained tenant relationship



    Hi All

    I am about to serve a section 21. Tenancy is now on periodic. I was looking to either post through letterbox myself or post via royal mail with proof of postage.

    RLA advises not posting via mail and hand delivering with photo evidence ?

    As things are quite strained with tenants at minute hand delivering and getting it signed by them is out of the question.

    How have other people gone about delivering a section 21 and what would you advise is best to do?

    Thanks.

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    What happened in the house so that its so strained?

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    I consider  all ways  - recorded delivery, certificate of posting ,e mail, text . hand delivery

    E mail is best i find these days and my AST covers that form of service being acceptable

    And they sign to say that it is at the outset .

    Hand deliver and video myself and take a friend as a witness commentating as i do it

    Think of the end position you standing in court and persuading a judge you did your best

    If you have a phone video and a witness you have it covered

    No personal contact needed

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    Jonathan Clarke. http://www.buytoletmk.com

    Thanks i did consider emailing and posting a second copy, not sure if this confuses things ?

    I do not have someone who will come with me and photo / video, i could do it myself i suppose but not sure how i can photo myself posting a letter...and also if i am fumbling around outside the property taking photos the tenant could come out and it would cause a confrontation.

    I would prefer to post via mail with proof of posting really just want to cover myself.

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    It wont confuse in my view - just adds another level of confirmation of intent to serve the forms

    I did one myself not so long ago . Videoed the whole thing

     in the car just along the street commentated as i put the 21 in the envelope and showed the street name

    showed the envelope in my hand with address and `delivered by hand` thereon with a time / date

    Videoed the house as i walked up the drive just pretending I`m texting/ or taking a call .

    Made sure i get  the number of house in the video

    Yes the picture  all goes a bit lopsided when you post it through the actual letterbox but that adds to the authentic fly on the wall documentary effect .

    If you are in that much fear  of confrontation then maybe not for you

    Proof of posting is not proof of delivery of course so not  a cast iron service in my view

    You must know someone who you can pay £20 to to drop it through the door while you video from a safe distance

    Then a short statement from him /her if required to say they dropped it through the door

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    Jonathan Clarke. http://www.buytoletmk.com

    Quite annoying these posts get moved and titles changed !!!!

    The question is not about the tenants but about posting the section 21 and the best way to do this

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    Hand deliver and video yourself and take a friend as a witness as mentioned above. Follow it up with an email confirming, with a copy of the section 21 attached, stating that you have hand delivered the section 21 on date and time xxxxx.

    Just check and double check, but I am sure you will, that the section 21 is correct and that there is nothing that could come up in court - if it goes that far - that says that you have not complied in providing all necessary deposit info, right to rent leaflet etc. to allow you to issue the section 21.

    Good luck!


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    Apparently video are not acceptable in court MUST be photos.

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    Hi.

    Before you serve the NSP ensure all the correct documents were provided to the tenant at sign up.

    You can serve the NSP as a recorded delivery, hand deliver or by posting yourself. I would advise taking someone with you (always a good idea) to witness the notice being served. There is no need to take photographs

    If a court order is required, you use a Certificate of Service, this can be signed by you and the witness. I can provide one of these to you.

    Ensure your notice period dates are correct and aligned with the rent charge periods, be it weekly or monthly.

    You are using a S21, therefore a 2 month notice period is provided. You could also use a S8 and reduce the notice period down to two weeks if you use the correct grounds which are valid of course. This can focus the occupants minds to clear the arrears, if that is your objective. The seeking possession approach can be tailored depending on what your desired outcome is.

    On Saturday I served a S8 using ground 8, 10 & 11. I hand delivered. The occupant was telling me I had to provide 2 months notice and they are looking to move anyway. When they realised two weeks was the notice period rent was posted to me.

    I would also advise at least one letter has been posted to the occupant 1 week before the NSP is served. Again the letter will be tailored to the possession reasons, if there is one.

    And make sure you use the correct S21 or S8 template, all others are invalid.

    I hope this helps, its never a nice experience.

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    quite confusing really as RLA say must be hand delivered with photo evidence but i have now been advised that the best option is to post 2 copies from 2 different post offices with proof of postage. Not recorded delivery.

    I would prefer not to go to the property at all so this seems the best option.


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