Question about ending tenancy.

Yorkie1

tim123456789 wrote: »

Where did anyone say that the notice was served by post

I gave my LA notice yesterday

IK walked into their office and handed them a piece of paper. It was damned well served yesterday!

tim

Keep your hair on.

I was replying to Dimbo's post immediately above mine, which said that notice had to be served ON the final day of a tenancy period. I was pointing out, for the sake of anyone reading this thread, that if they served notice by post on that actual day as advised, then they would fall foul of the deemed service provisions and be tied into paying for another tenancy period / month.

ValHaller

thesaint wrote: »

Just because a letter is served by hand, doesn't mean that it was deemed to be served that day.
A letter served before 4.30pm on a Thursday, would be deemed served that day, but a letter served at 4.45pm on a Friday wouldn't be deemed served until the following Monday.



Same could be said about anything hand delivered.

If it is served into the hand of an employee of the agent, (cleaners obviously excepted), then I would say it is given on the day it is received. So why the arcane distinction between 4.30pm and 4.45pm?

thesaint

tim123456789 wrote: »

and where do you get that little snippet from,

Sarcasm? It works when you're correct.

ValHaller wrote: »

If it is served into the hand of an employee of the agent, (cleaners obviously excepted), then I would say it is given on the day it is received. So why the arcane distinction between 4.30pm and 4.45pm?

CPR Rule 6.26

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.26

tim123456789

Tjrw1985 wrote: »

Good luck with that Tim.

Get ready for "What piece of paper?"

received acknowledgment in the post this morning. Phew :rotfl:

tim

ifonlyitwaseasier

tim123456789 wrote: »

received acknowledgment in the post this morning. Phew :rotfl:

tim

last time i hand delivered i had two copies ready for an employee to sign saying it was received, one for me & one for them

ValHaller

thesaint wrote: »

If it is served into the hand of an employee of the agent, (cleaners obviously excepted), then I would say it is given on the day it is received. So why the arcane distinction between 4.30pm and 4.45pm?

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.26

This is a Section 21 Notice. Is the serving of a S21 actually part of civil proceedings? If it is, you are right, but I am not sure that it is in fact part of proceedings,

thesaint

ValHaller wrote: »

This is a Section 21 Notice. Is the serving of a S21 actually part of civil proceedings?

I am confident it isn't part of criminal proceedings.

ValHaller wrote: »

If it is, you are right, but I am not sure that it is in fact part of proceedings,

Is it possible for a landlord to end a tenancy unilaterally any other way?
i.e Does the Sec 21 notice form part of the claim? If so, I think it's fair to say that it is the very 1st, and mandatory part of a claim.

ValHaller

Sorry I got carried away. We are not talking about a S21 - it is a tenant's notice of quitting. But I'll address this on the S21 for the moment

thesaint wrote: »

This is a Section 21 Notice. Is the serving of a S21 actually part of civil proceedings?

I am confident it isn't part of criminal proceedings.

Most of life is neither criminal nor civil proceedings. Tenancies for example. The problem is establishing the boundary

thesaint wrote: »

If it is, you are right, but I am not sure that it is in fact part of proceedings,

Is it possible for a landlord to end a tenancy unilaterally any other way?
i.e Does the Sec 21 notice form part of the claim? If so, I think it's fair to say that it is the very 1st, and mandatory part of a claim.

As I see it, civil procedure rules only come into play once court action has commenced. The section 21 is a notice of intent to apply for possession of the property. This notice corresponds with a Letter Before Action for a straight compo claim

Therefore, what might apply would be a Pre Action Protocol - the various ones are here http://www.justice.gov.uk/courts/procedure-rules/civil/protocol. There is not one relevant to a S21 - the nearest is rent arrears.

Now going back on track, to deal with a tenant's notice of quitting, it does not even lead into a court action! So firstly, I don't see that Civil Procedure Rules come into play here and secondly, I don't see that it even needs handling according to a Pre Action Protocol - because there is no legal action envisioned.

As far as I can see, the requirements for serving Notice of Quitting are purely contained in Statute - and there is no requirement relating to the time of day by which the notice must be served.

I am open to be shown that the cut off is 1630, but the logic is saying that any such requirement does not derive from civil procedure rules.

tim123456789

ifonlyitwaseasier wrote: »

last time i hand delivered i had two copies ready for an employee to sign saying it was received, one for me & one for them

TBH I was never really worried about this.

However bad LAs are at respecting tenants rights etc etc, I never for one minute thought that one would be underhand enough to deny receiving a hand delivered letter (as in hand delivered to a specific person, not just hand delivered into a post box)

tim123456789

thesaint wrote: »

Sarcasm? It works when you're correct.



CPR Rule 6.26

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.26

I wasn't being sarcastic. I genuinely wondered where you got it from