Section 21 Service Notice

[BenJacobs]

Service of section 21... we've always done this through signed-for recorded post, obtaining a certificate of postage and a signature the other end, never had any problems. On this occasion, a member of staff who is no longer with us, put the notice through the front door in an envelope. She took a photograph of it in the letterbox. The tenant is saying that they didn't receive it, and the member of staff who put it through the door was a month ago, and didn't sign a certificate of service.

The tenancy agreement actually explicitly says that ALL notices must be served on the tenant in writing either by sending it registered post or the recorded delivery service. No provision for personal delivery. Tenant is citing this as saying it has been an incorrect service regardless. What are your thoughts? If it went to a possession hearing, would a judge overturn the contract law and say that service has been done correctly in line with how a section 21 can be served anyway?

 

[ethical PR]

It sounds like you broke the terms of the contract for how the notice should be served.

In your situation I would tighten up your company processes so it doesn't happen going forward.

 

[Mr D]

So can you send it again the correct way?

 

[BenJacobs]

So can you send it again the correct way?

Unfortunately not - not without causing significant delays, as it can easily take 6 months or more at the moment to get a case heard after serving, so it'd delay us around that period of time or more. Just wondering how a judge might see it from a contractual law perspective, if it'd deem the service as not being served properly on a technicality.

 

[AllUpHere]

This sort of thing is the only thing we use letting agents for (paperwork and contracts). They are an absolute waste of space for anything else (the reason they are letting agents I suppose) but they are useful for compliance purposes. Maybe contact a few letting agents and see what they think?

 

[ethical PR]

Unfortunately not - not without causing significant delays, as it can easily take 6 months or more at the moment to get a case heard after serving, so it'd delay us around that period of time or more. Just wondering how a judge might see it from a contractual law perspective, if it'd deem the service as not being served properly on a technicality.

As a landlord I believe you will need to start again, but why not contact a solicitor and pay for a one off consultation to get professional legal advice you can rely on.

 

[BenJacobs]

As a landlord I believe you will need to start again, but why not contact a solicitor and pay for a one off consultation to get professional legal advice you can rely on.

Going to be doing so way ahead of any hearing - but worth reaching out as somebody may have a very definitive answer to be prepared for.

 

[claire_b]

I think if you've got a photograph, potentially testimony of the staff member who posted the notice (and they are genuinely an independent employee), and proof that the letterbox is private, not shared, then you've got a decent shot based on the material fact of delivery.
Can you prove / timestamp the existence of the letter and its content or your intent, e.g. internal email discussions?
Did the tenant do anything / react in any way that could be read as having acknowledged receipt at the time?

 

[Mr D]

I think if you've got a photograph, potentially testimony of the staff member who posted the notice (and they are genuinely an independent employee), and proof that the letterbox is private, not shared, then you've got a decent shot based on the material fact of delivery.
Can you prove / timestamp the existence of the letter and its content or your intent, e.g. internal email discussions?
Did the tenant do anything / react in any way that could be read as having acknowledged receipt at the time?

What is an independent employee?

 

[jimbof]

Unfortunately not - not without causing significant delays, as it can easily take 6 months or more at the moment to get a case heard after serving, so it'd delay us around that period of time or more. Just wondering how a judge might see it from a contractual law perspective, if it'd deem the service as not being served properly on a technicality.

Technicalities are surely what process and the law are based on.

I don't get your timelines.
You say it was a month ago, and that at the moment it is taking 6 months to get cases heard. It's not a huge delay in the scheme of things to incur another month.

Sounds like you've got two choices:
1) Take it on the chin and incur a month delay by serving again, properly.
2) Find out in 5 months time that the judge doesn't like landlords taking liberties with process and contract, and is going to tell you to naff off.

I know which I'd probably go for...

 

[claire_b]

What is an independent employee?

I really just meant not a close member of the family! If they have left and they are not personally connected to the business then they could be regarded as a reasonably independent voice.

 

[Newchodge]

I think if you've got a photograph, potentially testimony of the staff member who posted the notice (and they are genuinely an independent employee), and proof that the letterbox is private, not shared, then you've got a decent shot based on the material fact of delivery.
Can you prove / timestamp the existence of the letter and its content or your intent, e.g. internal email discussions?
Did the tenant do anything / react in any way that could be read as having acknowledged receipt at the time?

None of which makes the slightest difference if the form was not served in accordance with the contract. Which it was not.