When does service take effect?

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    When does service take effect?

    If I post (first class) a s.8 notice Friday 4/3/11 when does it take effect of service on Monday 7/3/11 or Tuseday 8/3/11?

    #2
    Not before Tuesday as weekends and Bank Holidays do not count as 'working days', but you would have had to have sent it Recorded Delivery or have proof of posting. You should also have a clause within your AST stating this under the Law of Property Act 1925 S.196 as to how any Notice is deemed to have been served on the tenant. The Recorded Delivery Act 1962 would also come into effect if your sent it by that method. This would then be good evidence if you have to subsequently apply for possession through the courts.

    You might be okay even if you don't have the above info in your tenancy agreement but I do so as a safeguard in mine and it hasn't let me down yet.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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      #3
      I would say it's deemed served on Tuesday 8th March and the notice period begins Wednesday 9th March. Always best to allow extra days to avoid arguments along the lines of when deemed served/when notice period begins.

      Comment


        #4
        Originally posted by Paul_f View Post
        Not before Tuesday as weekends and Bank Holidays do not count as 'working days', but you would have had to have sent it Recorded Delivery or have proof of posting. You should also have a clause within your AST stating this under the Law of Property Act 1925 S.196 as to how any Notice is deemed to have been served on the tenant. The Recorded Delivery Act 1962 would also come into effect if your sent it by that method. This would then be good evidence if you have to subsequently apply for possession through the courts.

        You might be okay even if you don't have the above info in your tenancy agreement but I do so as a safeguard in mine and it hasn't let me down yet.
        Paul, when is it classed as served if the tenant refuses it? I always thought this was the problem with 'signed for' services.

        Comment


          #5
          LPA 1925 section 196(4) states:
          Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned [F1by the postal operator (within the meaning of the Postal Services Act 2000) concerned] undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.
          I guess it would depend on the interpretation of 'undelivered': Would it include the case whereby delivery is refused?

          Comment


            #6
            Originally posted by jjlandlord View Post
            I guess it would depend on the interpretation of 'undelivered': Would it include the case whereby delivery is refused?
            I should think so.

            Note though that section 146 does not apply to notices required to be served by statute.

            Section 196 (1):

            Any notice required or authorised to be served or given by this Act shall be in writing

            Sections 196 (2) - (4) all start:

            Any notice required or authorised by this Act...

            Section 196 (5):

            The provisions of this section shall extend to notices required to be served by any instrument affecting property executed or coming into operation after the commencement of this Act unless a contrary intention appears

            Section 205 (1) (viii):

            Instrument” does not include a statute, unless the statute creates a settlement

            And, just for the record, Section 196 (6):

            This section does not apply to notices served in proceedings in the court

            Section 7 of the Interpretation Act 1978 does not seem to help either:

            Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

            So far as I can see the HA 1988 does not authorise or require any notice that may be given under it to be given by post.

            Comment


              #7
              Thank you for your help. On the following link of the ministry of justice: http://www.justice.gov.uk/civil/proc...rts/part06.htm

              it says as follows:

              6.26 Method of service - First class post (or other service which provides for delivery on the next business day) Deemed date of service The
              second day after it was posted
              , left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that day.

              Can I argue that the second day after means including the day of actual posting?

              Comment


                #8
                But that only relates to the service of notices in proceedings. A section 8 notice is not a notice served in proceedings. It is just a necessary preliminary to beginning proceedings.

                In any event, what you do feel turns on establishing the exact date of service of a section 8 notice? It is not as if you need to get one in by a certain date. When following it up by issuing proceedings you allow a few days to make sure there is no chance of getting it wrong.

                Comment


                  #9
                  My question was to a current case, and aday before teh court I noticed a problem with the date. Of course it is best to leave another few days in the first place.

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