Proof of S21 service
Possession - Section 8 and Section 21

1 Thanks
10 Posts
9 years ago
Hallo Dave
I want to lodge a N5B claim to a tenant always in serious arrears . I gave her a correctly typed and dated S21a on 29 April 2014 for possession after 2 July 2014 . Upon this on 2 May 2014 she produced money to clear the arrears bar 1 month , but is now a further 2 months behind having not paid for May and August .

I gave her the s21 in person but I was unable to make her sign the copies for their receipt and I was alone without an independant witness . Therefore I have no concrete proof of service , and section 5 of the N5B provides for supplying proof of service to be marked C1. Of course I can still attach my copy of the S21 and mark it C .
Do you think she will still be able to deny being given her S21 if it went to court ?
Thanks for your valued advice .

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