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Question Title: Service of Notices - by post
| Question: 230 |
| May I be allowed to make a comment on the advice given on page 26 of the January (1998) edition of the Letting Update, regarding the service of notices. (see question title: 'Service of Notices' - Qn#123). In our experience, using recorded delivery is not the fail-safe way that it might or should appear. As you pointed out in your advice in January 1998, the tenant could refuse to accept the letter, and by the time the notice is returned to sender, the time frame has been altered, with dire results. From personal experience, one letter was not returned to us until three weeks after we expected delivery had taken place, making the notice null and void. Finally may I congratulate you on your continued excellent publication. David Roberts, Gascoines Chartered Surveyors
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| Answer: |
| Thank you for your letter - it prompted us to contact Royal Mail and research the matter further. Firstly, as you point out, there are inherent problems with all forms of postal service. Ordinary post is not recommended for posting statutory notices for the reasons discussed in our article on page 23. Using registered or recorded post runs the risk that the tenant may refuse to accept the letter and the problems can be further compounded due to the delays which you describe in your letter. The main advantages of registered or recorded post are: 1) Proof. They include a written certification of posting which can be used to evidence valid service of the notice in any possession proceedings. 2) Economy - they save the agent the time and travel connected with personal service to the tenant's address. The final decision as to whether a notices should be served by personal service or by postal service is for the agent or landlord to decide having weighed up the pro's and con's to each method. The choice may hinge on a variety of external factors which might justify the added inconvenience of personal service. E.g.: how imminently the landlord requires possession. the size of any accruing arrears. whether a delay or a returned notice will affect the allowable timeframe for service of the notice. A practitioner may conceivably even decide to adopt a mixed approach using personal service for local properties and postal service for outlying properties where the travel and time costs would render this uneconomical. Finally, one should remember that when serving notices in person, try to ensure that the notice is either receipted by the tenant, or the person who serves the notice is available to witness the fact for any possession proceedings. Otherwise the landlord or agent may be required to produce an affidavit completed by that person as proof of service of the notice.
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
Oct 2003 page 26 |
letting-update-journal.html
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Letting Handbook |
Chapter 12 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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