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sand pears
13-10-2011, 14:56 PM
I have recently served a section 21 by hand. On the correct date but in the evening.

Afterwards i was having a look on various forums and found that some people were saying that the section 21 should be served before 16:30 and some others were saying before 17:00 for the s21 to be valid.

Is this true?

If so could anybody provide references?

Thanks in advance.

SP

westminster
13-10-2011, 17:06 PM
A s.21 notice's validity doesn't depend on whether it is served before 4.30 on a business day unless it's served hours before the 'deadline'. As I said in the other thread, it's best not to serve notices just before such a deadline. Far less risky to add in a few extra days to the notice period - a s.21 notice doesn't need to give *exactly* two months, that's just the absolute minimum notice period.

The rules of deemed service may be found in the Civil Procedure Rules, Part 6.

http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/procedure-rules/civil/contents/parts/part06.htm#IDAWP2HC

If a document is served before 16:30 on a business day, it's deemed served that same day.

(Having said that, AFAIK there's no authority which says that CPR applies to the realm of notices served outside the context of a civil claim, nevertheless it's a reasonable indicator of when a document may be deemed to have been served, in the absence of anything else).

sand pears
13-10-2011, 18:16 PM
Thanks westminster

Love the profile pic