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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2456
Experience:  Over 5 years in practice.
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I have a tenant who has been served a Section 21 but who has

Customer Question

I have a tenant who has been served a Section 21 but who has not left the property. Unfortunately the Managing Agent did not send it recorded delivery, nor did he get a receipt. If I send another Section 21 does this negate the first Section 21? Also, could you let me know by how much the rent has to be in arrears for the Section 21 not to be relevant and I can get a court order to evict the tenant?

Thank you
Submitted: 5 years ago.
Category: Property Law
Expert:  Remus2004 replied 5 years ago.
Thank your for your question. I will try to help with this.

Can't he make a statement to the effect that he did serve it?
Customer: replied 5 years ago.

FOR JOM01972

The Managing Agent can make a statement to say he served the notice, but that does not prove the tenant received it.

Customer: replied 5 years ago.


I cannot see your answer

Expert:  Remus2004 replied 5 years ago.
No, I haven't answered yet.

But surely he can say that he posted it through the door of the property or whatever it was?
Customer: replied 5 years ago.

He posted it by Royal Mail

Customer: replied 5 years ago.
Relist: Answer quality.
I would like another expert to answer my original question. The answer I received was unsatisfactory and I refuse to pay for it unless I get another expert to answer the question sensibly.
Expert:  Remus2004 replied 5 years ago.
Sorry but since you've relisted this I won't be continuing.
Customer: replied 5 years ago.
Relist: Inaccurate answer.
Expert:  James Mather replied 5 years ago.

A s21 notice isnt for arrears it is for end of tenancy. Can we have full background please?