I have to serve a legal notice on my landlord, how do I ensure that he gets it and that he can't deny receipt?
Answer:
you can use the postal rule (applies to English and Welsh law only), which means that as soon as you post it, it is deemed that he has received it. (use recorded mail, it's easier to prove you posted it)
although it is always advisable and perhaps more sensible to hand it to him in person, do this with two witnesses.
(don't video tape it or record the conversation, because you could be in breach of privacy laws).
Get him to sign it.
give it in person is only way, recorded delivery anyone can sign for. record it on your phone or video camera as long as you tell him when you hand it to him.. he wont deny it then
walk up to him, hand it to him as he takes it say i have to inform you i am recording this just for legal reasons. once its left your hand its done, if he chucks it away or dont read it id imagine his still liable thought im not a barrister or judge ;) just know you have to inform them you are recording them.
take it to him in person, and ask for a written receipt confirming that he has received the notice. also, take a photocopy of the notice, so u still have a copy of it. if for some reason u don't want to give him the notice in person, send it to him via recorded delivery. you will get a receipt from the post office confirming that u have sent it, and when the postman delivers it to him, your landlord has to sign for the letter.
If you're in the uk get it as a recorded mail in which the recipient can't actually open the mail unless its signed for and that means as he has signed for it then it means he has at least checked it to see who its from and i would be sure that in the eyes of the law you couldnt do much more. Ask your post office to send ''recorded''.
send it by registered post with acknowledgement due.
you will have the proof of ack.
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send it via registered mail to an address where he will take receipt of the letter personally.
Go to the post office and send it as "certified mail". This way he has to go to the post office to pick it up and sign for it. You will get a receipt, and he wont know who sent it until he gets it. Just a way to ensure he doesnt try and ignore that it is there. The post office will send him a notice saying he has a letter, and he needs to pick it up. If you take it in person, he may try and be a jerk and not accept it and not siogn saying he got it. Send it certified mail!
if you have done your contract privately do it in writing and through recorded delivery (not special deliver) to both yourself and the landlord.
Including a solicitor would be OK as long as he/she does not open it, so let him/her know in advance and get them involved. This is so that if your case goes to court you have some leverage.
However you must include the following details:
- copy of contract
- references to the contract
- photos where necessary
- references to legislation to support your case
Do not overdo your letter in a negative tone otherwise you will make yourself look ridiculous and points can be made against you in a court of law.
If you have gone through a lettings agent, then make sure they get copy. solicitor is another option depending on the seriousness.
Remember "recorded delivery" that way to can find out that it has been signed for on the internet or the phone. i'm reluctant to use "certified mail" as he/she can still ignore the letter from the post of office.
if the package was refused through recorded delivery the delivery company would give a give a note. the good thing is that if you sent the letter to your solicitor as well, give him/her a copy of the receipt and take the landlord to court. That's when the going gets good for you.
Call your landlord and inform him/her that you are sending this notice and whatever else is necessary. You can record your conversation provided that the landlord has been informed of this and that it can be heard in the recording.
Include this in your letter. The law will naturally slide towards the tenants, as long you have documentation.
Landlords, there a major pain arent they?
How about wrapping the legal notice around a aluminium (aloominum in the US) baseball bat and keep hitting him around the head with it until he acknowledges service of the paperwork.
use recorded delivery as it records who signs for the letter.
You could put the notice in an envelope and tell your landlord you have rent for him. Have a witness present when you hand it to your landlord. I believe you can even post it on his residence without actually handing it to him as long as you have a sworn witness to the posting. If it must be hand delivered have the court or your lawyer send a process server. Usually part of the police or sheriffs dept. and the courts. Notice's to testify are usually served by someone from the lawyers office.
any legal documents can be sent by registered mail and they have to pick it up or sign for it
what kind of legal notice? Usually it's them against you.
Send it to their office, directly to the person in charge, certified mail, return receipt requeted (so you can get the green card back with their office's signature or abbreviation and date received)
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