Most landlords are aware of their ability to obtain possession of the tenanted property under Section 8 or Section 21 of the Housing Act 1988. But what most landlords do not know is one of the most common defences used by tenants in these types of actions is improper service of the necessary notice (especially under Section 21).

So called ‘No Fault Evictions’ under Section 21 require the landlord to provide the tenant with 2 months’ notice. Under Section 8 the notice period can vary anywhere from 2 weeks to 2 months depending on which grounds the landlord intends to rely on.

A common mistake landlords make when declaring the date the tenant must vacate the property is providing exactly the amount of time the notice period requires. This does not allow any room for mistake on the part of the landlord. In our expert experience it is always good practice for landlords to give themselves a few extra days (preferably a whole week) to avoid this issue.

Not many landlords are aware of the rules surrounding service of notices. Where a notice is served via post it is deemed served 2 working days after the date it was posted. This means the landlord must be alert to weekends and bank holidays. For example, if the notice is posted on a Thursday and there is a bank holiday the following Monday, the notice will not be deemed served until the Tuesday. Alternatively, where the notice is left at the property it must be left at the property before 4 PM otherwise it is deemed served the next working day. The same rules for weekends and bank holidays also apply here.

Our top tips to avoid improper service:

  • Where possible, serve the notice at the property rather than via post and take photographs of the notice, the notice being put in the envelope and the notice being served at the property when either handed to the tenant or put through the letterbox.
  • Keep copies of the notice that was served at the property.
  • Record the date and time of service. Your phone might timestamp the photograph, but as an added precaution it is good practice to email yourself as soon as the notice is served stating the date and time the notice was served.
  • Prepare and sign a written certificate of service and attach the photographs to it.
  • It is good practice to serve the notice earlier in the day. Do not wait until 4 PM to serve the notice.
  • Avoid serving the notice on weekends and/or bank holidays.
  • Where possible, always allow yourself additional time when stating the date the tenant must vacate the property by. If there is any issue with weekends, bank holidays or the time the notice was left at the property it is better to give yourself additional time rather than start the process again from the beginning.
  • Seek professional advice from a solicitor here at Mewies Solicitors

Whilst improper service of a notice is not always fatal to a Section 8 possession claim, it is one of the most common defences a tenant will use against a claim for possession. Improper service of notice in a Section 21 possession claim will most likely lead to the Judge striking out the landlord’s claim for possession if the case is defended in court by a tenant.

To avoid any risk of improper service being raised as a defence against you, contact a member of the Dispute Resolution Team at Mewies Solicitors for expert legal advice by emailing info@mewiessolicitors.co.uk or calling 01756 799000.