Proof that person has received section 21 eviction notice

[Langanby]

I want to issue section 21 eviction notices to 3 tenants. I am concerned that 1 of the tenants may deny receiving the section 21 as they have been a bit awkward. I read online that the best way to prove this is to have a witness to them signing a document saying they have signed the section 21, but I have also read that the tenant does not have to sign witnessed document even if I say they do. Other advice is to use signed delivery, but of course there is no compulsion to receive a signed for item. Please advise

[islandgirl]

Hi Langanby - I have always used 2 ordinary letters from 2 post offices with certs of postage (free of charge) to deliver documents to tenants. Hard to say they did not get them and they do not have to sign for them. I am confused about your s21 issues - you cannot evict within the first 6 months if the tenant does not wish to go if these are ASTs as I understand it. You may wish to look at the Landlordzone forum and do a search there - you will perhaps find some answers. Good luck

[Langanby]

Hi Island Girl thanks for the response. My problem is I want the house from next Feb, but I would like a new tenant to move in for this period (one just left start of month). I have read that you can put a clause in a contract which says that they waive the right to the 4 months before receiving S21 rule. The bloke says he only needs it short term, but I don't want a situation where I can only evict 2 out of the 3 at the end of Feb because he has changed his mind and learned about this rule

[Langanby]

From the gov.uk website

"you cannot use a Section 21 notice if any of the following apply:

• it’s less than 4 months since the tenancy started, or the fixed term has not ended, unless there’s a clause in the contract which allows you to do this"

[islandgirl]

Also remember that a s21 does not compel the tenant to leave. If they remain there is a lengthy eviction process which can take many months.

[Langanby]

I know. Hopefully it won't come to that, but I can't control it so we'll see. The thing is that I am often in the house doing jobs and the tenants (I have 3 in separate rooms) have no problem letting me in to do such jobs. Would it be better photographing myself leaving the section 21 letter in the place where mail is put by the front door with a time stamp on the photo (if that's possible) during one of these visits. I don't want to insist on a snap of me handing it to them as that seems a bit aggressive.

[islandgirl]

post with free cert of postage from 2 separate post offices (and leave one as well if you wish!)