This Section 21 court case appeal could impact ALL landlords

Remember this whenever someone says the courts are underfunded and overworked.

Our lawyers advise post is not enough anymore for some time on all eviction paperwork we do:
1st recorded post
1st certificate post
Email
WhatsApp
Hand delivery video

Who knows what's correct, it's not worth the hassle of one of these defense lines coming back at you.

Let's face it, the politcal class has found a perfect whipping boy, the equivalent perhaps for the Tories of Blair's hunting ban.
So farewell to property rights, and in our case in the very near future, farewell to paperwork. I daresay our carefully nutured apartments will all be debauched and turned into MHOs by the flippers and corporate buyers. Most families in the future will doubtless be those of new immigrants housed in socal housing, funded by the single ratepayers in their MHOs.
Merrie England indeed.

If this stands then notifications for speeding, parking, etc, should follow the same procedure. So the authorities have actual proof that the notification has been received! In the interests of fairness across the judicial service?

I use Openrent all docs are accepted by tenant by screen confirmation. I hope this is sufficient.

Why just documents related to landlords? If a signature from the recipient is required for those documents, why not council tax, utility bills and everything else?

Does this mean that documents signed via Docusign could have a chance of not being accepted as proof of receipt even though it has been clearly 'accepted & signed for' ? This could open up a multitude of loopholes. Absolutely crazy !

How can you get a SIGNED acknowledgement from a tenant who will not even open the door to you????

Reply to the comment left by Darren Peters at 14/05/2024 - 12:24
Good point! Council parking fines and Council Tax demands are deemed served with minimal evidence and are also operating under statutory laws.

After reading this report I've re-drafted my Notices clause. What do readers think of it?

The following provisions apply to all notices, permissions, and other documents of any description to be served by or on behalf of one party on another whether before, during or after the term:
1 'Served' and 'service' shall include delivery and giving
2 Neither the landlord nor the tenant shall ever obstruct the letterbox at its address
3 The address for service on the landlord for all purposes including compliance with the Landlord & Tenant Act 1987 is that given in clause 1 unless and until notice of a different address is given by the landlord to the tenant in writing
4 The address for service on the tenant is the premises unless the term has ended and the tenant has provided notice of a different address to the landlord in writing in accordance with this clause
5 Where the law prescribes a method of service of any document that method must be used.
6 To prevent “payment diversion fraud” notice of a changed bank account or address must be given in physical writing, not electronically, by the party making the change to the other parties in person.
7 the rules for the giving of notices in connection with the deposit shall be those made by the custodian
8 Any other notice, permission, document or other communication upon which a party wishes to rely in any proceedings must be in writing and shall be deemed to be properly served if it is either handed in person to the recipient (who must permit the taking of a photograph to record this), posted through the letterbox at the recipient's address, or sent by a tracked Royal Mail or Courier service who have provided evidence of delivery