UK Landlord Forum / Life

I have a tenant who hasn't paid rent for 3 months now. I've sent more than one 'section 8' notice, but I'm quite sure he'll deny receiving them and attempt to delay proceeding this way. The tenant doesn't respond to phone calls, or emails, doesn't return messages, and refuses to respond to letters or open the door when I call.

I've posted (by hand) the notices through the door, I've sent them via normal (un-signed for) mail, and I've sent them by recorded delivery. I've tracked the recorded-delivery mail and the postman attempted to deliver it but there was no one in. (I assume he posted one of those 'I called when you were out' leaflets) but the item is sitting in the local post office waiting for him to collect it - which I'm pretty sure ain't going to happen!

So, as far as my tenant is concerned he can deny he's ever received anything!

What can I do (legally, of course!) How can I prove I sent the section 8 notice? (or any other notice for that matter)
thanks

You've done it already.

2 different postings and a hand delivery.  Did you get proof of postage for the 'normal' one?

If not and you want to belt and brace it send 2 more, both normal mail, both with proof of postage from the post office but use 2 different post offices.  No judge in the land will believe that both got lost in the post when they started their journey from different places.

thanks for the response.

Are you sure that's enough?

In the case of the one I posted by hand myself the tenant could just deny it point blank - it's just my word against his.

In the case of the one I sent by recorded delivery I know it's still at the local post office awaiting collection by the tenant, I'm sure he'd just say "i didn't know it was important" or "there's no law that says I have to pick up my own mail"

I wasn't aware of 'proof of posting' I'll remember that next time. - i assume I just ask for a receipt at the post office?

thanks

From what I've read elsewhere it should do the trick to prove 'beyond reasonable doubt'.  Just ask for proof of postage at the postoffice counter.  Can be used with other things aswell and provides insurance and is free.  I understand what you are saying about their word against yours but if you say I hand delivers and I've got this, this AND this it's a different scenario.

A good article about it here.  http://www.landlordzone.co.uk/content/section-8-notices

Suggests having a witness that would be also prepared to give evidence observe you physically serve it.

Our tenants refused to sign for such a Notice and we were basically left with no choice but to get the Sheriff Officers to deliver it - at a cost of approx £200 (yes!) to ourselves - all because the ******** wouldn't sign for it - and we'll never see that money again....