Deemed Date of Service of a Section 8??

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    Deemed Date of Service of a Section 8??

    I hope someone can advise.... I am worried I have wrongly worked out the “earliest date on which court proceedings can be brought”.

    i served the Section 8 on Thursday 22 August (yesterday) by putting it through the tenant’s letterbox about 5pm. I put the earliest date on which court proceedings can be brought as 08 September. I thought this was ok, because it would be deemed as being served on 23rd August, and 08 Sept is 16 days after that (14 days plus 2 for contingency). The Certificate of Service form N215 says that if the Method of Service is delivering or leaving it a permitted address after 4:30pm then the Deemed Day of Service is the next business day.

    But I have now stumbled across the Civil Procedure Rules, which seem to say if Delivered to or left at the relevant place before 12.00 midnight, it is Deemed Served on the second business day after that day!

    Which is correct please? Have I stuffed up my Section 8?

    #2
    Neither. What does your tenancy agreement say about service of notice for the tenancy?
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

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      #3
      Thank you KTC.
      It says “The Tenant agrees that any notices given under or in connection with this agreement which are required to be given in writing may be served on the Tenant during the Tenancy either by being left at the Property or by being sent to the Tenant at the Property by first class post. Notices shall be taken to be received the day after being left at the Property or the day after posting.”

      So that would give me a deemed day of service of 23rd then?

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        #4
        Originally posted by hollyblue View Post
        So that would give me a deemed day of service of 23rd then?
        Yes .
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

        I do not answer questions through private messages which should be posted publicly on the forum.

        Comment

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