Snow delayed form 6A?

Proof of Posting is accepted by the courts ( provided the sufficient notice and 2 working days for First class Post has been allowed.
Perversely, you might think - delivery by hand focuses on the tenant having received the document, but Post, 1st Class with CoP is reliant on the document having been posted as above. No NLA members have ever had an issue with this method in Possession claims.

Reply to the comment left by Chris Daniel at 11/03/2018 - 17:50
It's your choice and if those who are happy with just 'proof of post' wish to continue on that basis please feel free to do so. One day a tenant with a good solicitor, shall stand in front of a judge and state none receipt of the notice and escape eviction - that won't be one of my tenants!

Reply to the comment left by Rob Crawford at 11/03/2018 - 18:12
What are you talking about? Presentation of the Proof of Posting receipt is legally adequate to satisfy the Court the document was served, legally (regardless of the physicality). In the same way Court documents (including Summons) are deemed served regardless of whether you claim to have not received them/were away when the postman came/the dog ate it etc.

The Universal Postal Union (of which Britain is a signatory) makes it clear that, in the UK, post becomes the property of the recipient at the moment it is committed to the Royal Mail.

The Interpretation Act (1997) Section 7 makes it clear that a document sent by first-class post is deemed served if the sender has proof of posting (or a witness).

No good solicitor can argue against existing legislation that, in this rare instance, is clear.

Reply to the comment left by Luke P at 11/03/2018 - 20:25Luke, you write:
"The Interpretation Act (1997) Section 7 makes it clear that a document sent by first-class post is deemed served if the sender has proof of posting (or a witness)." That is not correct. Please refer to my earlier post. Section 7 itself says the deeming applies "unless the contrary is proved."
As I said the key words are "unless the contrary is proved".
Most of the time tenants won't take a legal point because they don't know it exists. However, if they go to housing charity, the CAB or a solicitor and are properly advised, the landlord will find him or her self thwarted in court and probably have to wait four to six months to get vacant possession (two months and a few days to serve a new notice and then time to get a court date and then whatever time the judge allows the tenant to go).

Rob Crawford is absolutely right.

Reply to the comment left by Ian Narbeth at 12/03/2018 - 10:17
And how do you suggest one would prove to the contrary against a PoP/CoP?

Reply to the comment left by Luke P at 12/03/2018 - 10:35The first point to make is that the statute contemplates the contrary being proved. There are several ways this might happen:
1. The letter was mis-delivered by the Post Office. I have had post to me delivered to another town with the same house name and number. Thankfully, the owners forwarded it. Mis-delivery is rare but it does happen.
2. If the tenant is in a house with several flats and post is put on the hall table or a radiator shelf. It might be picked up by a neighbour who does not return it or who does so some time later.
3 as for 2 but the letter slips behind the radiator and is not seen or it is chewed up and destroyed by a resident's dog.
4. The postman refused to deliver because he was threatened by the tenant's dog.
Other people can probably think of others. Yes, it's rare but is is reckless to rely on proof of posting as proof of (a) delivery and (b) service.

Reply to the comment left by Ian Narbeth at 12/03/2018 - 10:17
and, How does a tenant PROVE they never received something ?
Only One case ( in over 6 years that I have known ) has a tenant of a Block of flats with such communal letter-box sharing, has ever raised and been successful on defending against Non-service by Post with CoP. Do you think Shelter, CAB gen Rent, and all other solicitors have been missing a trick for 6 YEARS ?

Reply to the comment left by Chris Daniel at 12/03/2018 - 13:53There are law cases where some of these things have happened. A tenant proves it by giving sworn testimony for example that post is left in a communal hallway and they did not receive the letter in question or that the neighbour brought the letter to the tenant three days later having inadvertently picked it up.
The occasions when the tenant is (a) properly advised/informed and (b) there is a technical point are probably few. I don't have the figures and County Court cases may not be published or the tenant may have ambushed the landlord with the news on the morning of the hearing.
Clearly, some landlords are content to rely on a certificate of posting. What I am saying is don't assume this guarantees that service has occurred two days later. If a landlord gets caught once he won't forget it.