I have just returned from a court hearing where I was instructed to represent a landlord seeking possession of a residential property due to serious rent arrears. The possession order was granted, but it was a close call, highlighting the critical importance of carefully handling service dates, especially when it comes to Section 8 notices under the Housing Act 1988.
In cases like this, landlords must serve a Section 8 notice in accordance with Ground 8 of Schedule 2 of the Housing Act 1988 when seeking possession due to rent arrears. This notice must provide at least 14 days’ notice to the tenant before possession proceedings can commence.
The Case at Hand: A Timing Complication
In this case, the landlord sent the Section 8 notice on Thursday, 28th March 2024, via first-class post. He completed a Certificate of Service, confirming the date of posting and stating that the notice would be deemed served on Monday, 1st April 2024—following the Civil Procedure Rules that assume service two business days after posting.
However, there was an important oversight: Monday, 1st April 2024 was Easter Monday, a bank holiday, meaning it was not a business day. This mistake almost resulted in a notice period miscalculation, as documents are not deemed served on bank holidays.
The Court’s Ruling
The key issue for the court was whether the correct period of notice had been given. If the notice had indeed been deemed served on 1st April, the tenant would have been provided with 15 days’ notice, which would meet the legal requirement. But since 1st April was a bank holiday, the notice was actually deemed served on Tuesday, 2nd April 2024. This meant that the tenant was given exactly 14 days’ notice, the minimum required, and thus the court ruled the notice valid, granting the possession order.
Key Takeaways
This case serves as a reminder of several important lessons when dealing with legal documents, particularly around holidays and service rules:
- Check Bank Holidays and Business Days: Always verify if a service date falls on a bank holiday. Bank holidays are not considered business days, which can affect when a document is deemed to be served.
- Allow Extra Time: Wherever possible, give an extra day or two when calculating service dates to avoid the risk of a miscalculation. In this case, although the landlord believed he had allowed an extra day by deeming service on 1st April, this was incorrect due to the bank holiday. Luckily, the actual notice period still complied with the law.
- Complete Documentation Contemporaneously: It’s always best to complete certificates of service at the time of posting or serving documents, rather than retrospectively. Doing so can help avoid errors in calculating deadlines, particularly around bank holidays.
- Always Double-Check: Double-check dates, especially when calculating service periods around weekends and public holidays. This simple step can prevent delays and ensure that notices are valid.
In this instance, the landlord’s notice was accepted, but in different circumstances, such a small oversight could have led to a significant delay or the notice being deemed invalid.
For expert advice on legal documents, service dates, Civil Procedure Rules, and Landlord and Tenant cases, feel free to get in touch, on 0151 230 8931 or philip@whitecollarlegalandadmin.com
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