Serving S21

[Co La]

Hello there, I am interested to know, if the Form 6A (S21) was left on the table inside the property during an agreed visit to the Tenant at the Property, whether the Form 6A will be deem as served and would be required as evidence? Also, the Tenant had signed and dated another document during this visit.

As on the Certificate of Service I would like to know which option should be selected, please?

[atticus]

Why was the notice not handed directly to the tenant? The fact that he may have signed something else is neither here nor there.

[Co La]

It was not handed to him as he wanted it via email. and it was left on the table. Hence, my question, please

[R0b]

I don't believe that S21 prescribes a specific way to serve the notice, other than the notice needs to be in writing. Therefore email or hand delivery would be acceptable. The potential snag with hand delivery notices is that the tenant could plead ignorance and say that it was never served or received and, in the absence of the tenant acknowledging receipt, the court might require you to prove that you did in fact serve it on the date in question.

By the same token, the newer document signed by the tenant (assuming it was a s21 notice) may be taken to be the date of notice if you cannot prove the earlier notice, and may impact your right of possession if you have started legal proceedings prematurely.

[atticus]

And here the notice was not given to the tenant but simply left on a table.

Why not (a) post another freshly dated one and (b) send it by email as requested?

[Co La]

And here the notice was not given to the tenant but simply left on a table.

Why not (a) post another freshly dated one and (b) send it by email as requested?

Sorry for not replying sooner - I have since a Section 21 (3 months later!) more to follow.

[Co La]

Thank you for all the replies - very helpful. A section 21 had been served, the tenant has told me is not paying this month's rent.