Registered letter with notice of termination returned not delivered

T

Trustmeh

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I’m assuming the ai answer is correct but I trust the answer I get here better.

I sent NoT to tenant after I notified him it was coming. Post office registered letter. They attempted to deliver and left a note to be collected at post office and the tenant never did.

The letter is now returned to me. I assume by keeping all these records I’m covered? He could genuinely be away I don’t know but do I need to do anything else??

Thanks in advance
 
Attempt hand delivery yourself as many times as possible until tenant home.

When the tenant accepts email him/her immediately noting their acceptance.


PS: you may need to restart process with new date.
 
Dr Strangelove said:
When the tenant accepts email him/her immediately noting their acceptance.
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Even in Hotmail you can request a delivery confirmed email reply. Requesting the 'read' option for whatever reason usually doesn't work as I've never received a confirmation to that. The confirmations can be printed off too.
 
For this reason I decided not to give a tenant advance notice of an NoT, although it would be the polite thing to do with a long standing reasonable tenant. Unfortunately courtesy goes out the window.
 
1. Recorded delivery.
2. Regular post, post copy to yourself at same time. Sign envelope & keep unopened in your file when its delivered.
4. Hand deliver with time stamped photo putting it in letter box
5. Email & print email and receipt
6. Send whatsapp text "important information sent to you" print off screen shot of txt and read receipt

Do them all at the same time; someone will now say that all of the above is unecessary / carries no weight etc., which is no doubt true.

But if push comes to shove, you can clearly demonstrate that you did everything possible; which will be important if your tenant starts acting the maggot.

Edit to add - @Dr Strangelove is right, check yr dates its always worth adding 7 days to be on the safe side.
 
Sue Ellen said:
Requesting the 'read' option for whatever reason usually doesn't work as I've never received a confirmation to that.
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If it’s anything like outlook you have to confirm you are okay to send a read receipt.

The odd person at work tries this. Not a hope I confirm.

I could see it being used if agreed to in advance as a way to communicate safety info after a call but not for the run of the mill email request.
 
I turn off read receipts and confirmation receipts for everything. From whatsapp to outlook and everything in between. Nobody knows whether i received, read or deleted a message, ever.
This is because in the past too many time i was told "I see you read my mail", "you havent replied to me even though you read my message", "You left me on read, what did i do". Anyway. Long winded way of saying electronic recording of actions is not reliable as proof of receipt when you send something.
 
What happens if a NoT is issued to the tenant on the lease and they refuse it as they’ve changed their name (marriage, deed poll, GRC) but didn’t inform LL in writing? Presumably the tenant is required to do that. Would that still be a valid NoT ?

Also, for Multi occupants, do LLs issue updated lease agreements to original tenants plus new assignees or is the RTB registration system a sufficient record of who holds the tenancy? Does a NoT for a share house need to name each person living in the property - does that include licensees the LL has been informed about in writing?
 
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Folks,

Emails do not constitute valid notices.

OP, you should send the notice by certified post, not registered post.

Ask for a certificate of posting at the post office and keep it safe.

Be very careful to get all formalities and notice periods right or your notice could be deemed invalid.
 
Thanks all. Small update.
I have two tenants on lease. I served two NoT separate to each tenant. Only one letter came back undelivered. The undelivered tenant is out of the country.
Unless I receive the other letter back I’m going to stay as is. I have proof of dates etc from the unopened letter and I don’t want to further aggrevate. I assume tenant that is there has collected from post office and all is well.
I take it certified is better route tho. As I would have record and tenant would just receive it in normal mail.
 
An post have a digital stamp option, which you buy through the app and it confirms delivery. Another option is swift post, which will confirm delivery but does not require a signature. I used the digital stamp option when serving NOT earlier in the year.
If there is any chance that the second tenant will cause issues it would be in your best interest to re-serve the notice with new dates. You have no proof of delivery and they could appeal to RTB at the last minute which would cost you a lot of extra time.
 
DannyBoyD said:
Hand deliver with time stamped photo putting it in letter box
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Landlord I know did this last week.

He sent a text message confirming he’d delivered envelope plus he attached these photos:
1. List of contents on X number of pages (stapled together)
2. envelope with address & no postage stamp
(written on envelope front was “delivered by hand” and date, plus senders info)
3. envelope sealed with sellotape
(under the sellotape was written “private & confidential - to be opened by addressee only”)
4. envelope going through the letterbox (witness to the delivery took the photo).

The text said

DannyBoyD said:
"important information sent to you".
Click to expand...

plus “Notice of Termination plus Statutory Declaration on X number of pages. A copy of all pages was posted today to the RTB through An Post. A copy was posted to you through An Post for your records”

Seems a bit extreme but better safe than sorry these days. He heard from another landlord that their tenant acknowledged receiving the envelope but later disputed it and said the envelope only contained the NoT and there was no Statutory Declaration included.

No response yet. Next step is to take another poster’s advice and confirm NoT validity through rtb process.

Tips appreciated.
 
We hand delivered our notices and got the tenants to sign them and took a photocopy of those. Then sibling and I took an RTB case against ourselves on “validity of NofT”.

I got all my tenants out, sold except for one, have done massive refurb, after the 2 years, approved for grant and new rent will be nearly 3 times old rent.

You MUST be careful to do everything by the book. And then some. See the solicitor chap on YouTube for the gist and read between the lines.
 
That’s a great outcome. Thank you for the update, it helps to know our advice helps.

Can you in turn help us by letting us know, in vague terms, how you got to this successful point.
 
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