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Question

Deposits and Tenancy Deposit Schemes (England) | Landlord Wants Tenant to Leave (England)

Clarity around serving notice

20 Jun 2017 | 1 comment

We have returned the deposit of the tenant, in full, by bankers check. Special delivery postal tracking shows that the postman has attempted to deliver and has left a card telling the tenant that a special delivery has been attempted , so I am in the process of preparing a section 21 notice
I am using the template ( 21(4)(a) from this site to ensure we cover all the legal bases properly. However, I just want to make sure that I have interpreted the information correctly from the site.
So, our tenant normally pays rent on the 17th of the month (she has now ceased paying her rent, by the way). So if I interpret properly…….
I will write the notice today dating as such, but I put that I am serving notice from … (lets say 4 days from now to allow for postage) so say 23rd of June, then two months is the notice, so 23rd august, then end day of notice term is 16th of September??
We are on a “contractual periodic” assured tenancy, as there was no agreed initial term.
Also, do we HAVE to deliver a copy by hand? or is tracked and signed for post sufficient? Or should we do both to ensure we are covered?
Lastly, the tenancy agreement is in my wifes maiden name, do we serve in her married name and state Claire Adsetts (formally Houlden)?

Answer

1 Comment

  1. guildy

    Firstly, we don’t recommend using any special or signed for delivery of things to a tenant. The problem here is that we don’t think the tenant has yet received the deposit and so it would be risky serving the section 21 just yet.

    You can either wait for it to be received or, stop that cheque and hand deliver another. When hand delivering, you can take a photo of the envelope going through the door as evidence. Alternatively, if hand delivery is not possible, it should be posted with ordinary post and obtain a proof of postage which is available free of charge from any post office. The law deems post to be delivered unless the tenant can prove otherwise (which is very difficult to prove).

    The problem here is that you now have proof they haven’t received the deposit as yet.

    In respect of the notice, you must always date the day served as being the day it is hand delivered and/or posted. It is still served that day but there maybe another “deemed” served date which is dealt with later in court forms and our guidance will sort that out when needed. You must never forward date a notice.

    If the last tenancy was granted on or after 1 October 2015, you will be using the new prescribed form where the date of expiry (when tenant is to leave) will be simply 2 months plus 4 days from the date you are hand delivering/posting. This date can be any date and doesn’t need to align with the tenancy in any way.

    Otherwise, you will use our notice with no date (where pre October 2015) where just the service date is inserted.

    Please follow our wizard for full details and to get the correct notice. That has all the instructions you need but please come back to us if you’re unsure of anything.

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