Service Of Notices

It is essential that you prove to a Court that Notice of the Proceedings by way of Service of Summons has come to the notice of the Defendant.

If you cannot prove this, any Order you obtain may be subsequently overturned on Appeal.

The best form of service is Personal Service where you or a member of staff or a professional Process Server serves the summons on the defendant.

The next best form of service is by sending it through the post by Registered Post or Recorded Delivery. Ask for proof of receipt at the time of sending the item. Difficulties will still be caused if the signature of the person receiving the item is not the person to whom it was addressed.

Sending by ordinary post gives the defendant the chance to deny receipt and, of course, you cannot prove service.

At Common Law service can be effected by actual delivery to the tenant (or spouse or servant) or by other evidence that the Notice has come to the attention of the defendant.

The Law of Property Act 1925 S196(5) allows notice to be sufficiently served if left at the premises if such method of service was required by the Tenancy Agreement itself.

There are two main types of notice that are served on the tenant, Section 8 and Section 21. Click here to learn which notice you need to serve

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