Snow delayed form 6A?

Reply to the comment left by Ian Narbeth at 09/03/2018 - 15:29
The point is surely that just to rely on first class post is stupid - even with certificate of posting. If you blitzed the tenant with all the above mentioned methods then, in the event of any dispute, the overwhelming evidence would be sufficient proof to blow the claims of an awkward tenant, or anyone out of the water.
I have never had any issues with this incredibly simple process - and have given notice to several tenants of late too.

Sorry, but that is not correct. The fact that a tenant receives a notice (other than where it is hand delivered to him and even then not always) does not mean the notice has been "served". That's counter-intuitive but true. Service of notices is not an "incredibly simple process" as a quick look at the legal text books and the numerous legal cases on the subject would tell you.
The fact that you personally have not had problems does not mean that someone else's tenant may not be legally advised and take a technical point.
The best policy is to have deeming provisions in your ASTs and to comply with them. If a letter sent by pre-paid first class post to XYZ Address is deemed served two working days after posting then you only need to serve by that one method.

Reply to the comment left by Ian Narbeth at 09/03/2018 - 15:57
A previous version of the new Form 6a had that very point on the bottom of the paperwork that you should allow two days for service if sent by post. If you present a Judge with a Proof of Posting, it will absolutely be deemed served. I have over 500 evictions under my belt and this has never failed.

Reply to the comment left by Luke P at 09/03/2018 - 16:03
Can only claim about 100 evictions, failure to properly serve the section 21 has never been a reason for failure.
Ian I did not count the days until 1 may, I just assumed sufficient time had been allowed, silly me. I allways give 2.5 months notice.

Reply to the comment left by Ken Smith at 08/03/2018 - 23:10
It's not enough to simply ensure the tenant receives the notice; service must be legally recognised. This is set out in CPR 6.26 or, as Ian Narbeth says, if the tenancy agreement stipulates particular service methods, these must be followed.

Service by email (or other electronic means) is only recognised if the recipient has already given written permission for this (a response to an email asking if notice can be served this way is ok so is a clause in the tenancy agreement).

Sending recorded delivery provides irrefutable legally recognised proof of service, but the problem with that is the recipient might be out or might decline the delivery.

I agree the best way is to serve in person, with a witness in case the tenant won't sign for it or there's no answer - you need to allow an extra working day if you put the notice through the door.

I advise landlords to try to serve in person first, but if they can't, send two copies of the notice, posted from different post offices with certificates of postage unless the AST stipulates service by recorded delivery.

Phoning or texting is simply a curtesy.

The Tenancy agreement states the method of service, but if by Post, first class Post with Certificate of Posting allowing two Business days for delivery, THEN, 2 CLEAR months Notice. The dates on this were always a Non-starter. Posting on 28/2/18 Before 4.30 p.m. the earliest the date for possession should be, is - 5th of May ( without any lea-way - whether you could state the 3rd of May is a moot point, I wouldn't risk ) Re-serve the notice, don't skimp to the exact time, its not worth it, cases are most certainly lost. If you want to be short on Notice, deliver by hand.
Doesn't matter when the end of the two month notice period is, no longer has to be coinciding with last day of rental period, since Spencer v Taylor, 2013, and De-reg Act 2015.

It sounds to me like the tenant is willing to move but just needs the two months. Does a few days matter that much?

Reply to the comment left by H B at 11/03/2018 - 09:38
It will in 2 months time if she doesn't and THEN you want to take court action that WILL fail, believe me.
Serve another Valid Notice now.
PossessionFriend.uk

Proof of postage is not best and the letters receipt can always be challenged. It's the serving of the notice at the tenants address that counts, so the "Signed for Track and Trace" service offered by the Post Office is a much more robust means of proving the serving of notices - worth the extra in my mind.

Reply to the comment left by Rob Crawford at 11/03/2018 - 12:05Until the tenant refuses to sign.