Serving notice - what is a postal day?

imran22

Hello members

I understand that notice is deemed to be served after two postal days. My questions are:

If I post the notice tomorrow (Friday). Will it be deemed served on Monday? Monday is a bank holiday but post does get delivered on Saturday and Bank holidays.

I signed the contract on 31st therefore my rental month runs from 31st to 30th. Is my understanding correct that the notice can be served either on 30th or 31st?

Thank you for your help.

Sparx

Royal Mail have never collected or delivered post on bank holidays.

I would say it's deemed served as of Wednesday if posted tomorrow.

https://personal.help.royalmail.com/app/answers/detail/a_id/5346/~/service-update---public-holidays#EngWales2017

davidmcn

imran22 wrote: »

I understand that notice is deemed to be served after two postal days. My questions are:

If I post the notice tomorrow (Friday). Will it be deemed served on Monday? Monday is a bank holiday but post does get delivered on Saturday and Bank holidays.

No deliveries this Monday, according to Royal Mail's website.

So I think you'll need to find another method of service.

imran22

Thank you for response if it will be deemed served on Wednesday then am I still ok? I signed my tenancy contract on 31st.

theartfullodger

Doesn't matter when you signed. What were the start & end dates of the initial fixed term & is rent payable (according to contract, not what you actually do..) weekly, fortnightly, 4-weekly or monthly, please??

e.g. If signed on 31st but initial term was 3rd of Oct 2016 to 2nd April 2017 and rent monthly then your notice must expire 2nd or 3rd of month and be served at least 1 month prior to expiry day: If, however, rent payable weekly it needs to be served at least 28 days prior and my brain hurts trying to work out end dates....

imran22

Thank you - I signed the contract on 31st and term started on 31st as well.

So if I post the notice tomorrow and it will be deemed served on 31st May then can I leave the property on 30th June.

G_M

You'll get better answers if you answer the questions artful asked!

However if you post tomorrow (26) the 27 & 30th is 2 postal days.

as notie can be served on (or before) either the last or first day of a period, then you'll be fine to end the tenancy on 30th June, assuming you pay rent monthly.

G_M

theartfullodger wrote: »

....f, however, rent payable weekly it needs to be served at least 28 days prior and my brain hurts trying to work out end dates....

You'll have a real migraine if rent is payable quarterly artful......

imran22

theartfullodger wrote: »

Doesn't matter when you signed. What were the start & end dates of the initial fixed term & is rent payable (according to contract, not what you actually do..) weekly, fortnightly, 4-weekly or monthly, please??

e.g. If signed on 31st but initial term was 3rd of Oct 2016 to 2nd April 2017 and rent monthly then your notice must expire 2nd or 3rd of month and be served at least 1 month prior to expiry day: If, however, rent payable weekly it needs to be served at least 28 days prior and my brain hurts trying to work out end dates....

Contract commenced: 31st March, 2015
Contract expiry: 30th March, 2016
Rental payment: Every calendar month

On expiry I did not want to sign a new contract and the landlord agreed to it via email provided I give two months notice. So going by G_M's post even if I post on Saturday then the notice will be deemed served on 31st May and I will be ok. Is my understanding correct?

Miss_Samantha

There is no such thing as a 'postal day'.

The CPR rule is:

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.

Miss_Samantha

G_M wrote: »

as notie can be served on (or before) either the last or first day of a period, then you'll be fine to end the tenancy on 30th June, assuming you pay rent monthly.

It should be noted that there is no such rule as far as I am aware.

The relevant case law is that the notice may be drafted with an expiry date on the last or first day of a period, which is rather different.