1st S.21 Eviction - Serving Notice Blunder?
Possession - Section 8 and Section 21

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3 Posts
3 weeks ago

Hi all,

I've been a landlord for 10 years and thankfully always had reasonable tenants and no real issues to contend with.  I'm now encountering my first S.21 eviction process and have been very accommodating with them in extending their stay to try and find suitable alternative accommodation.  I served notice via Royal Mail Special Delivery which I have evidence of delivery being attempeted on 8th March (end of tenancy due 8th May) but not being delivered.  I followed this up with an email the same day but this was sent at 18:47 and I'm now familiarising myself with CP6.26 which states emails need to be received before 16:30???

My strong suspicion is that as I was messaging the tenants the day before, they have purposely ignored the postman as the letter has then been attempted again before being sent to the royal mail depot and then eventually being delivered back to me recently in giving a signature for the Special Delivery.  They are also in 2 months of arrears and dont have any intention of paying.

I have a court date of 18th July and the defence of the tenant is that they have not been notified and not received their Form 6A depite me sending by post and email.  Just wondering whether anyone has personal experience as to how this may pan out please and the judges's likely decision??  Do I need to start the whole long-winded process from day 1 again or is the email or attempted Royal Mail evidence all sufficient??  Is the fact that they have not paid for 2 months likely to sway a decision?

Any advice greatly appreciated

Thanks, Darren

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