Can I serve notice over the weekend?

JohnBravo

Hi,

On the Citizen's Advice it says:

If your tenancy period runs from the 4th of each month to the 3rd of the next month this would mean:

• the first day of your tenancy period would be the 4th of the month
• the last day of your tenancy period would be the 3rd of the next month

So your notice would have to end on either the 3rd or 4th of the month.

I don't get it.

In my case the last day is 15th of each month but this month the 15th is Sunday.

The contract commenced on the 16th.

Can I send it on Monday or today is the last working day?

Please advise.

Best

Sandtree

What does your contract say about notice periods?

PRAISETHESUN

You need to give notice on or before the end date of your monthly tenancy period (ie. before the 15th). I'd personally play it safe and give notice today as there's no penalty for giving notice early.  As long as the effective end date of your notice is clear, and is a minimum of 1 month (or whatever the period specified in your TA) then it'll be fine. 

In any case, there's usually a clause in your TA to detail when notices are deemed to have been received (eg. an example might be that notices received before 16:00 are counted as that day, otherwise are deemed as received as next working day). If you wait and give notice on the weekend, there's a chance it might not be deemed to be accepted until Mon 16th, which would then mean you have two full months before you can leave.

JohnBravo

5

Sandtree said:

What does your contract say about notice periods?

5f - If tenant(s) need to server any notice on LA/LL they must be delivered by hand / first class post or recorded delivery to the following address.

Apart from that nothing relevant to a notice.

I forgot to say that this is a periodic latency

user1977

JohnBravo said:

Hi,

On the Citizen's Advice it says:

If your tenancy period runs from the 4th of each month to the 3rd of the next month this would mean:

• the first day of your tenancy period would be the 4th of the month
• the last day of your tenancy period would be the 3rd of the next month

So your notice would have to end on either the 3rd or 4th of the month.

Can I send it on Monday or today is the last working day?

You can't serve it on Monday because that would be less than a month. You need to serve it on or before Sunday. Not sure why you thinking working days are relevant, but yes today is the last working day before Sunday.

JohnBravo

user1977 said:

JohnBravo said:

Hi,

On the Citizen's Advice it says:

If your tenancy period runs from the 4th of each month to the 3rd of the next month this would mean:

• the first day of your tenancy period would be the 4th of the month
• the last day of your tenancy period would be the 3rd of the next month

So your notice would have to end on either the 3rd or 4th of the month.

Can I send it on Monday or today is the last working day?

You can't serve it on Monday because that would be less than a month. You need to serve it on or before Sunday. Not sure why you thinking working days are relevant, but yes today is the last working day before Sunday.

Are you saying that serving does not have to be within working days? So can I do it on Sunday? I thought that it is relevant.

Hannimal

user1977 said:

JohnBravo said:

Hi,

On the Citizen's Advice it says:

If your tenancy period runs from the 4th of each month to the 3rd of the next month this would mean:

• the first day of your tenancy period would be the 4th of the month
• the last day of your tenancy period would be the 3rd of the next month

So your notice would have to end on either the 3rd or 4th of the month.

Can I send it on Monday or today is the last working day?

You can't serve it on Monday because that would be less than a month. You need to serve it on or before Sunday. Not sure why you thinking working days are relevant, but yes today is the last working day before Sunday.

If it's an estate agency it might be closed on a sunday making serving notice impossible, unless they accept email. 

JohnBravo

Hannimal said:

user1977 said:

JohnBravo said:

Hi,

On the Citizen's Advice it says:

If your tenancy period runs from the 4th of each month to the 3rd of the next month this would mean:

• the first day of your tenancy period would be the 4th of the month
• the last day of your tenancy period would be the 3rd of the next month

So your notice would have to end on either the 3rd or 4th of the month.

Can I send it on Monday or today is the last working day?

You can't serve it on Monday because that would be less than a month. You need to serve it on or before Sunday. Not sure why you thinking working days are relevant, but yes today is the last working day before Sunday.

If it's an estate agency it might be closed on a sunday making serving notice impossible, unless they accept email. 

I mean everything apart from signing the contract with them was done via email. I know that it does not say anything about email in the contract but it says "recorded delivery".

PRAISETHESUN

From what OP has posted, serving notices is required to be by mail or hand-delivered. Practically speaking though, if the agent doesn't receive mail on Sat/Sun then sending notice by mail today won't arrive until Mon, which will be too late. A hand-delivered notice today will probably be required. They will need to be present in order to confirm that the notice was delivered successfully on the date you say it was delivered.

user1977

JohnBravo said:

user1977 said:

JohnBravo said:

Hi,

On the Citizen's Advice it says:

If your tenancy period runs from the 4th of each month to the 3rd of the next month this would mean:

• the first day of your tenancy period would be the 4th of the month
• the last day of your tenancy period would be the 3rd of the next month

So your notice would have to end on either the 3rd or 4th of the month.

Can I send it on Monday or today is the last working day?

You can't serve it on Monday because that would be less than a month. You need to serve it on or before Sunday. Not sure why you thinking working days are relevant, but yes today is the last working day before Sunday.

Are you saying that serving does not have to be within working days? So can I do it on Sunday? I thought that it is relevant.

As others have said, it's only relevant to the extent that it might prevent you from handing it to them, or proving that you stuck it through the letterbox on a Sunday rather than Monday morning. And obviously they're not going to have post delivered on a Sunday.

Why not do it on Saturday (or today)?

canaldumidi

'Serve' means when it arives,not when is is sent.

1st class mail is (legally) assumed to arrive 2 working days later, so posting today (13th) means it will be served on Tuesday 17th.

Since periods run from 16th to 15th, that means the full tenancy period notice will run from 16th June and expire on 15th July.

If seved by hand today (13th), the full tenancy period notice will run from 16th May and expire on 15th June.

Alternatively serve by hand tomorrow (14th) or Sunday (15th).