So here’s my situation:
I posted a Section 8 notice on Monday using using Evri Postable Next Day. I was hoping it will be delivered today (Wednesday 22nd June) at the latest. Alas, it looks like it will be arriving tomorrow.
In the notice, after citing Ground 1, I put down “The court proceedings will begin no earlier than 23 August 2022”. If the notice arrives on 23rd June, is my notice invalid?
The reason for my confusion is that I’m not sure if you can begin proceedings on the last day of the notice period, or do you have to wait until that day has finished.
There’s also a break clause in the tenancy agreement, where I have to give two months’ notice. Does my Section 8 automatically trigger that, insomuch as I now don’t have to wait till the end of the fixed term to use Ground 1?
2 months from 23rd June takes you to 22 August, so putting 23rd August in your notice would in that case be fine. Did the notice get served today? What is Evri Postable Next Day? You should not send notices by signed-for mail as the tenant can refuse to sign and the notice is then not served.
Notice did get served today, tracked and posted through letterbox with no signature required, hence I used Evri Postable Next Day.
I only just discovered Royal Mail Tracked 24 is now available to regular consumers which is also tracked and posted through the letterbox without a signature being required.
Thanks for the clarification @David122 - I was pulling my hair out (literally spent hours) trying to find out how the days are calculated and I was on the verge of sending out another notice tomorrow. I don’t doubt you, but for the sake of my sanity and piece of mind, please can you give me a nice reference I could refer to?
The reference is in the Housing Act 1988 s1(b) as amended. Its a bare 2 months minimum notice. If you were to rely on standard 1st class post you just add 2 further days. I think most landlords would not cut it so fine and would in most cases as a day or two for comfort, but on the face of it your dates work fine.