The unserved notice oversight that derailed a possession claim

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The unserved notice oversight that derailed a possession claim

The landlord filed for possession after months of arrears, confident the paperwork was in order. But when the case reached court, the tenant’s solicitor argued that no valid notice had ever been served. The landlord had posted a Section 21 notice but had no proof of delivery, and the tenant denied receiving it. The judge struck out the claim, forcing the landlord to start the entire process again. By the time a new notice was served and the case reheard, the arrears had doubled.

Serving notice is not simply about completing the right form. Landlords must ensure the notice is delivered and can be evidenced if challenged. Acceptable methods include personal delivery, recorded post, or using a process server. Some tenancy agreements specify service methods, but without proof, landlords are exposed. In this case, the absence of evidence cost months of rent and additional legal fees.

The lesson is clear: possession cases collapse without procedural precision. Notices should always be served in a way that provides indisputable evidence. Landlords who cut corners risk losing time, money, and credibility in court.

What do you think?

How do you serve notices? Do you rely on recorded delivery, personal service, or professional agents to remove doubt?

Source: Gov.uk notice service guidance

Previous articles in this series

Landlord Lessons: The AST date mistake

Landlord Lessons: The missing inventory

Landlord Lessons: The verbal agreement trap

Landlord Lessons: The gas safety lapse

Landlord Lessons: The unprotected deposit

Landlord Lessons: The unlicensed HMO

Landlord Lessons: The electrical safety lapse

Landlord Lessons: The Right to Rent slip

Landlord Lessons: The ignored repair

Landlord Lessons: The insurance blindspot

Landlord Lessons: The rent-to-rent risk

Landlord Lessons: The Section 21 error

Landlord Lessons: The Section 8 misstep

Landlord Lessons: The selective licensing oversight

Landlord Lessons: The EPC blindspot

Landlord Lessons: The rent increase mistake

Landlord Lessons: The service charge shock

Landlord Lessons: The tax record slip

Landlord Lessons: The guarantor gap

Landlord Lessons: The referencing shortcut

Landlord Lessons: The pet clause oversight

Landlord Lessons: The fire safety lapse

Landlord Lessons: The legionella neglect

Landlord Lessons: The asbestos surprise

Landlord Lessons: The DIY eviction disaster

Landlord Lessons: The rent collection chaos

Landlord Lessons: The repair retention row

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